scholarly journals Juridical Persons and Subjects of Public Law: in Legal Balance Search

2016 ◽  
Vol 4 (8) ◽  
pp. 0-0
Author(s):  
Вениамин Яковлев ◽  
Vyeniamin YAkovlyev ◽  
Эльвира Талапина ◽  
Elvira Talapina
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
New Classification ◽  
Public Authorities ◽  
Public And Private ◽  
Civil Status ◽  
Juridical Person ◽  
Public Entity

The joint position of civil and administrative law specialists concerning an opportunity and need to obtain by public law subjects of the juridical person status is presented in this article. Public entity is a civil law subject, but it is presented by its public bodies. Considering features of public authorities as juridical person, authors draw the conclusion about a secondary role of a civil status. The article suggests new classification of administrative law subjects for public and private subjects depending on their role in public administration. The category of the juridical person of public law could be useful to settle the problem of the state “double face” in private relations. At the same time the authors call attention to various and ambiguous prospects of the Russian legislation development in this concept should be employed. The authors have formulated the principle of correct adoption according to which traditional civil concepts have to be accepted by public law in their initial understanding, without distortions, and vice versa.

scholarly journals The Administrative Law Science: Continuity and New Twists

2021 ◽  
Vol 7 ◽  
pp. 11-15
Author(s):  
Yuriy A. Tikhomirov ◽  
Keyword(s):  
Civil Society ◽  
Constitutional Law ◽  
Electronic Communication ◽  
Administrative Law ◽  
Dynamic Approach ◽  
New Classification ◽  
Public Authorities ◽  
Business Structures

The article identifies the place and role of the science of administrative law in modern legal science, reveals its influence on the processes taking place in society. It is noted that, despite the fact that in recent years a dynamic approach to administrative law has been outlined, science is gradually coming to the fore, there is still a fairly significant gap between the theory of state and law, constitutional law, and other branches of law from the science of administrative law. According to the author, for the science of administrative law, it is extremely important to develop such institutions as the competence of public authorities, the typology of procedures for relations between bodies among themselves, with business structures and civil society institutions, a new classification of managerial actions for the implementation of laws and other decisions (legal, organizational, material, financial, socio-psychological), requires updating the idea of managerial relations, where electronic communication opens up space for openness, transparency and operational agreements.

scholarly journals The Principle Of Legality, Principle Of Public Law

2015 ◽  
Vol 21 (2) ◽  
pp. 512-515
Author(s):  
Alexandru Stoian ◽  
Teodora Drăghici
Keyword(s):  
Public Administration ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
The Social ◽  
Social Balance ◽  
The Moment ◽  
Principle Of Legality

Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

Fiduciary Principles and Public Offices

2019 ◽  
pp. 302-322
Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Public Institutions ◽  
Policy Implications ◽  
Public Officials ◽  
Public Office ◽  
Public And Private ◽  
Normative Structure ◽  
The Public ◽  
Positive Law

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.

IT-Based Classification for Supply Chain Coordination Mechanisms

2013 ◽  
pp. 148-162 ◽  
Author(s):  
Fereshteh Ghahremani ◽  
Mohammad Jafar Tarokh
Keyword(s):  
Information Technology ◽  
Supply Chain ◽  
Supply Chains ◽  
Supply Chain Coordination ◽  
Coordination Mechanisms ◽  
Effective Solution ◽  
New Classification ◽  
Role Of It

Managing dependencies via coordination is an effective solution for the problems that arise from these interdependencies in supply chains. This can be practical via a set of methods called coordination mechanisms. Numerous coordination mechanisms have been discussed before in literature. This paper develops a new classification of these mechanisms on the basis of information technology (IT) impact on them. This classification proves the important role of IT in better coordinating supply chains and help managers distinguish between coordination mechanisms that are created and improved by information technology and thus lead them to have the best choice based on their infrastructures and organization type.

4. Public Law

2019 ◽  
pp. 94-127
Author(s):  
Elizabeth Fisher ◽  
Bettina Lange ◽  
Eloise Scotford
Keyword(s):  
Decision Making ◽  
Constitutional Law ◽  
Environmental Law ◽  
Administrative Law ◽  
Public Law ◽  
Decision Makers ◽  
Aarhus Convention ◽  
Constituent Elements ◽  
Public Decision

This chapter explains the important role that public law, particularly administrative law, plays in environmental law. This role comes about because much of environmental law requires vesting decision-making and regulatory power in the hands of public decision-makers at all levels of government. This chapter begins by providing an overview of the different constituent elements of public law: constitutional law, administrative law, the role of the EU and international law, as well the complexities of this area of law. The chapter then moves on to consider the way in which the different types of interests involved in environmental problems and the need for information and expertise provide challenges for public law. The chapter then provides an overview of four major features of public law that are particularly relevant to environmental lawyers: the Aarhus Convention, accountability mechanisms, judicial review, and human rights.

International Composite Administration: Conceptualizing Multi-Level and Network Aspects in the Exercise of International Public Authority

2008 ◽  
Vol 9 (11) ◽  
pp. 2013-2039 ◽  
Author(s):  
Armin von Bogdandy ◽  
Philipp Dann
Keyword(s):  
International Law ◽  
Public Law ◽  
Common Phenomenon ◽  
Public Authorities ◽  
Public International Law ◽  
The Public ◽  
Administrative Action ◽  
Role Of The State ◽  
Multi Level

The administration of the traditional nation-state used to operate as a rather closed system to the outside world. Today, cooperation between the public authorities of different States and between States and international bodies is a common phenomenon. Yet the characteristics and mechanics of such cooperation can hardly be understood using the concepts domestic public law or public international law currently on offer. Conventional concepts, such as federalism, confederalism or State-centered “realism” hardly fathom the complexity of interactions or reflect the changed role of the State, while more recent concepts, such as multi-level systems or networks, seem to encompass only parts of the phenomena at hand. Given this void, we propose to explore the notion of “composite administration” (Verbundverwaltung) and argue that it offers a concept which can combine more coherently the seemingly diverging legal elements of cooperation and hierarchy that distinguish administrative action in what often is called a multi-level administrative system. Even though the concept of composite administration was originally designed and further developed with respect to the largely federal European administrative space, we suggest testing the concept in the wider context of international cooperation. We believe that it offers valuable insights and raises critical questions, even though we do not intend to insinuate any proto-federal prospects of the institutions discussed in this paper.

Studies of Expertise and Experience: A Sociological Perspective on Expertise

2019 ◽  
pp. 84-102
Author(s):  
Harry Collins ◽  
Robert Evans
Keyword(s):  
Science Studies ◽  
Social Groups ◽  
Research Programme ◽  
Third Wave ◽  
New Classification ◽  
Imitation Game ◽  
Interactional Expertise ◽  
New Research

The research programme known as Studies of Expertise and Experience (SEE), often referred to as the “Third Wave of Science Studies,” treats expertise as real and as the property of social groups. This chapter explains the foundations of SEE and sets out the theoretical and methodological innovations created using this approach. These include the development of a new classification of expertise, which identifies a new kind of expertise called “interactional expertise,” and the creation of a new research method known as the Imitation Game designed to explore the content and distribution of interactional expertise. It concludes by showing how SEE illuminates a number of contemporary issues such as the challenges of interdisciplinary working and the role of experts in a “post-truth” society.

scholarly journals Istota tajemnicy ubezpieczeniowej ze szczególnym uwzględnieniem odpowiedzialności za jej naruszenie

2021 ◽  
Vol 33 (2) ◽  
pp. 227-240
Author(s):  
Izabela Wysocka ◽  
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Civil Liability ◽  
Administrative Law ◽  
Public Law ◽  
Tort Liability ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
The Right

Insurance secrecy is a public law institution that has been introduced to the private system. The purpose of this institution is to protect constitutional guarantees such as the right to privacy, and also to protect human rights. This fact gives rise to the entity’s broad liability for breach of insurance secrecy. You can see civil liability as a contractual breach and tort liability. In addition, the entity obliged to maintain insurance secrecy that violates this obligation may be affected by criminal liability, the basis of which is found in several acts. It is also worth highlighting the role of administrative responsibility, in which a breach of the obligation of confidentiality is treated as an administrative tort. Due to the above, the essence of insurance secrecy is to provide protection under civil, criminal and administrative law.

scholarly journals Classification of factors determining criminality in the sphere of housing and utilities infrastructure

2021 ◽  
pp. 14-25
Author(s):  
Denis Yur'evich Goncharov
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Research Subject ◽  
Public Authorities ◽  
Internal Factors ◽  
Scientific Methods ◽  
Determination System ◽  
General Scientific

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.   

scholarly journals Phenomenological classification of cultural heritage: role of virtual reality

2017 ◽  
Vol 8 (16) ◽  
pp. 69 ◽  
Author(s):  
Hyuk-Jin Lee
Keyword(s):  
Virtual Reality ◽  
Cultural Heritage ◽  
Human Mind ◽  
Human Cognition ◽  
Human Consciousness ◽  
New Classification ◽  
Built Heritage ◽  
Virtual Experiences

Human consciousness is always the consciousness toward some thing and our perception of cultural heritage is no exception. Thus, understanding human cognition is closely related to understanding how the perceptible objects are classified in human mind. The perceptible objects include both physical and virtual experiences and thoughts, and it is important and necessary to analyze the types and the effective levels of those objects. With the emergence of Virtual Reality (VR) technologies in cultural heritage field, it is necessary to understand how and why different cognitive media such as realor visual reality including VR, are differently recognized by people. This study suggests the philosophical and theoretical frame for the usage of phenomenological classfication and analysis. By using this new classification with the case of Korean built heritage, the role of VR is explained in cultural discourse of the community.

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