scholarly journals TYPES OF FORM OF PUBLIC ADMINISTRATION: UPDATING DOCTRINAL APPROACHES

2019 ◽  
pp. 112-115
Author(s):  
V. R. Bila
Keyword(s):  
Public Administration ◽  
Public Law ◽  
Organizational Forms ◽  
Legal Form ◽  
The Public ◽  
Relevant Term ◽  
Legal Consequence ◽  
Legal Forms ◽  
The Given ◽  
Legal Consequences

The article poses the question of updating approaches to types of forms of public administration. Therelationship between legal and organizational forms of public administration is established. The latter term is proposed to use insteadof the commonly used phrase "unlawful forms of public administration", which is used to denote those external manifestations of the activity of public administration bodies, which does not entail a direct legal consequence. The critique of the term "illegal forms of public administration" has been supported. It is stated that the perception of organizational forms as not causing legal consequences does not fully reflect the legal validity. Separate organizational forms are defined by law as the solepossible for the adoption of certain types of administrative decisions by collegiate bodies of public administration, and their non-compliance leads to the nullity of further legal form. The given group of forms of activity of the public administration has a special legal nature and significance for objectification of the legal activity of the subjects of public administration, in connection with which such a group is proposed to be terminated as "structural forms of public administration". The given justifications of the relevant term are presented as debatable. It was emphasized that the failure of organizational forms to cause legal consequences in the field of public administration does not in any way deprive their properties of causing legal consequences in the private legal relations. It is noted that public administration can act in public-law and private law forms, and forms of public administration are only a part of public-law forms, which include other types of legal forms, the use of which is provided for by the rules of the current legislation. It was concluded that public administration as a concept of functioning of executive bodies, local self-government bodies and their relations with civil society significantly changed the interrelationships of legal and organizational forms of public administration and strengthened them to such an extent that it is sometimes impossible to draw a clear line between these types forms.

scholarly journals Swoboda wyboru prywatnoprawnej formy działania administracji gospodarczej w polskiej i niemieckiej doktrynie prawa publicznego

2019 ◽  
pp. 93-116
Author(s):  
Paweł Sancewicz
Keyword(s):  
Public Administration ◽  
German Law ◽  
Legal Framework ◽  
Public Law ◽  
Legal Form ◽  
The Public ◽  
Administrative Procedures ◽  
The Republic ◽  
Legal Forms ◽  
Polish Law

The purpose of this paper was to present views of both Polish and German public law doctrine on the issue of the possibility to choose a legal form of implementa­tion of public tasks by the public administration. This issue is not only a theoretical matter because currently administration has to cope with increasingly complex and complicated public tasks that must be implemented. The article first explains the concept of the legal forms of action, distinguished from the measures available in administration. Next, the freedom of choice of the legal form of action as well as the instances of its abuse are analysed. The considerations carried out in the article allow to adopt the position that the choice of the legal form of action by public administration cannot be actually prejudged under Polish law. The main limitation of the freedom to choose the le­gal form of action is contained in Article 7 read in connection with Article 2 of the Constitution of the Republic of Poland which stipulate a legal framework that ought to embrace them. There is also a concern that the authorities may abuse certain forms of action in order to, for example, avoid certain administrative procedures or to achieve desired fiscal objectives. As indicated in the course of the analysis, the German doctrine and practice encountered similar problems, and now the experi­ence and undoubted successes of German law and practice could be a significant inspiration for Polish lawmakers in this area. De lege ferenda, it is necessary to propose the introduction of legal regulations that will enable or facilitate a free choice of the legal form of action by administra­tive bodies. However, establishing such regulations will only be possible and and effective when the administrative agreement becomes part of the Polish legal system.

scholarly journals Podstawowe formy prawne działania administracji publicznej na rzecz ochrony zwierząt

2017 ◽  
Vol 108 ◽  
pp. 57-72 ◽  
Author(s):  
Wioletta Jedlecka
Keyword(s):  
Public Administration ◽  
Civil Law ◽  
Legal Form ◽  
The Public ◽  
Organizational Activity ◽  
Local Law ◽  
Administrative Act ◽  
Legal Forms ◽  
Social Organizational

BASIC LEGAL FORMS OF ACTION OF THE PUBLIC ADMINISTRATION FOR THE PROTECTION OF ANIMALSIn the protection of animals an administrative act in the form of the administrative decision is adominating legal form of action of public administration. Acts of the local law play an important role. For example, catching homeless animals takes place only based on the resolution of the commune council. Rarely are used other legal forms of action of the public administration, like material-technical activity, social-organizational activity or civil law agreements.

scholarly journals THE PUBLIC COMPANIES LAW AND SUBSTANTIVE IMAGES OF PERSONS OF PUBLIC LAW IN MODERN RUSSIAN LEGISLATION

2021 ◽  
Vol 3 (11(75)) ◽  
pp. 42-49
Author(s):  
M. Safonov
Keyword(s):  
Pension Fund ◽  
Legal Status ◽  
Public Law ◽  
Civil Code ◽  
Legal Form ◽  
Public Companies ◽  
The Public ◽  
Public Corporation ◽  
The Russian Federation ◽  
Legal Forms

The article outlines the general problems arising in the system of the Russian legislation associated with the contradiction between the legal forms set forth in the Civil Code and the forms of legal entities that were actually formed in public law. As a specific example, it was impossible to inscribe those entities which had special legal status (Central Bank of the Russian Federation, the Pension Fund of Russia, Vnesheconombank of the USSR, Bank for Foreign Trade of the RSFSR) in the proposed by Civil Code classification. The emergence of the legal form of a public corporation is seen in the article as an attempt to remove the existing contradictions in legislation.

Administrative Procedure and Judicial Review in France

2021 ◽  
pp. 50-52
Author(s):  
Delphine Costa
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Administrative Law ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Judicial Remedy ◽  
Individual Decisions ◽  
Laws And Regulations ◽  
Administrative Justice

This chapter describes administrative procedure and judicial review in France. In French public law, no constitutional provision provides for judicial review of administrative measures. Nor is there a convention providing for judicial review of administrative measures. This is only envisaged by the laws and regulations, in particular the Administrative Justice Code and the Code of Relations between the Public and the Administration. The administrative courts exercise extensive control over the acts or measures of the public administration, including both individual decisions and regulatory acts, but some are nonetheless beyond judicial review. Where an act or measure is contested on procedural grounds, judicial review takes place only under certain conditions: the procedural defect must have deprived the applicant of a guarantee or it must have influenced the meaning of the decision taken. Two types of judicial remedy exist in administrative law: it is therefore up to the applicant to limit their application before the administrative judge.

scholarly journals Legislation on Administrative Procedures: The German Experience

2021 ◽  
Vol 18 (2) ◽  
pp. 204-215
Author(s):  
A. D. Maile
Keyword(s):  
Public Administration ◽  
Legal Protection ◽  
Public Law ◽  
The Public ◽  
Administrative Procedure ◽  
Procedural Law ◽  
General Order ◽  
Administrative Procedures ◽  
Administrative Act ◽  
The Law

This article provides an overview of the main provisions of German administrative procedural law. It outlines in a systematic way the particularities of administrative procedures and the possibilities for a citizen to seek administrative remedy. The essence of the basic principles of administrative procedural law as well as the particularities of temporary legal protection and the possibilities for an extrajudicial appeal against an administrative act are explained to the reader. The Author points out that administrative proceedings in Germany are, in a broad sense, any decision-making activity of a public administration body. According to the German Administrative Procedure Act, an administrative procedure in the sense of the law is an externally imposed activity of the administrative authorities that is aimed at verifying the conditions, preparing and issuing an administrative act or entering into a public-law contract. At the same time, the activities of a public administration body are not bound by a specific form, unless there are specific rules on the form of procedure. It is stated that current German administrative law distinguishes between an administrative act and a general order. The latter is also an administrative act, the range of addressees, however, is wider. An administrative act according to the law is any order, decision or other authoritative action of an administrative body aimed at regulating a single case in the field of public law and having direct legal consequences of an external nature. A general order is an administrative act, which is addressed to a certain or defined by general features, or which concerns the public-law properties of a thing or the use of it by the public. The author notes that an administrative act must be specific in content, justified and announced to the participants in the proceedings. As long as the act has not been declared, it is invalid. An administrative act is valid from the moment it is announced, unless it itself provides otherwise. It continues in force until it is revoked, cancelled, terminated by a deadline or for any other reason specified in the law. Based on the analysis, it is concluded that the lack of a law on administrative procedures in Russia is a negative indicator of the modern Russian administrative legal system.

scholarly journals Naprawienie szkody spowodowanej ograniczeniem korzystania z nieruchomości w związku z ochroną przyrody – wybrane zagadnienia

2019 ◽  
Vol 28 (2) ◽  
pp. 41
Author(s):  
Dorota Lebowa
Keyword(s):  
Environmental Protection ◽  
Public Administration ◽  
Administrative Authority ◽  
The Public ◽  
Administrative Proceeding ◽  
Administrative Body ◽  
Legal Forms ◽  
Judicial Procedure ◽  
The Right ◽  
Two Stages

<p>Establishing legal forms of nature conservation entails a restriction on the right of ownership and other property rights. For this reason, the legislature introduced in the Act of 27 April 2001 on Environmental Protection Law solutions allowing for the purchase of real estate or payment of damages. The provisions of the Environmental Protection Law set out an administrative-judicial procedure of claiming for remedying a damage caused by the legal operation of the public administration related to the protection of environmental resources. This procedure is based on the fact that a claim, essentially of a civil nature (a claim for remedying a damage caused by restricting the use of property) is pursued in two stages – the first in an administrative proceeding in which the administrative authority issues a decision and in the second, where the case is decided by a general court. The first stage is obligatory, in the sense that in the event of a dispute for compensation, the aggrieved party must apply to the administrative body for compensation. The second is initiated as a result of the action of the party dissatisfied with the compensation awarded by the administrative body.</p>

scholarly journals Brazilian Administrative Law: influences, Characteristics and recent changes

2018 ◽  
Vol 5 (2) ◽  
pp. 1-20
Author(s):  
Irene Patrícia Nohara
Keyword(s):  
Public Administration ◽  
Present Article ◽  
Administrative Law ◽  
Public Law ◽  
Law System ◽  
The Public ◽  
Deductive Method

The present article aims to expose, using the hypothetical-deductive method, the origins and influences of Brazilian Administrative Law. It is a descriptive article that focuses on the main characteristics of the discipline, belonging to the branch of public law. It also seeks to address recent changes to provide an up-to-date overview of the Brazilian Administrative Law system. It tries to explain how the new institutes and the reforms in the matter contribute to the functioning of the Public Administration.

scholarly journals Wielopostaciowość zadań (form działania) administracji publicznej w gospodarce na przykładzie administracji miar. Wybrane zagadnienia

2019 ◽  
Vol 16 (1 (4)) ◽  
pp. 205-215
Author(s):  
Agnieszka Żywicka
Keyword(s):  
Economic Development ◽  
Public Administration ◽  
Conformity Assessment ◽  
Economic Management ◽  
Management Planning ◽  
The Public ◽  
Legal Forms

The article presents selected issues of the multiformity of tasks performed by the public administration based on the example of the administration of measures in the context of diversification of legal forms of activities in the public administration according to two criteria: functions performed by the administration of measures in the economy and the authoritative and non-authoritative forms of activities. The first part of the paper presents the legal forms of activities in the administration of measures according to the following functions: economic police, reglamentation, economic supervision, economic management, planning and support of the economy. Moreover, selected public tasks within the above functions are analyzed. The second part of the article provides an analysis of new tasks of the administration of measures in relation to the privatization of public tasks referring to the field of conformity assessment of products in terms of authoritative and nonauthoritative forms of activities, which are subject to evolution as a result of the economic development and the europeanisation of metrological regulations.  

scholarly journals Legal Consequence on Certificate of Property Publishing By the National Land Agency for Unauthorized Purchase

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 375
Author(s):  
Ari Setyo Aji ◽  
Umar Ma’ruf
Keyword(s):  
Data Analysis ◽  
Property Rights ◽  
Secondary Data ◽  
Court Cases ◽  
The Public ◽  
Approach Method ◽  
Legal Consequence ◽  
The Law ◽  
Land Inheritance ◽  
Legal Consequences

The purpose of this study was to analyze: 1)To know and explain about factors which causes of invalidity of buying and selling land. 2) To determine the position of court cases 06 / Pdt.G / 2017 / PN.Btg and legal considerations the judges in deciding the case a quo. 3) To know and analyze the legal consequences of the issuance of certificates of property rights by the National pertananahan body over the unauthorized purchase has no legal force and is against the law in a civil case No.06 / Pdt.G / 20017 / PN.Btg, The approach method in this research is the socio-juridical. The data used are primary and secondary data obtained through interviews and literature, while the data analysis conducted Qualitative AnalysisResults of the research can be concluded: 1) that the sale and purchase of land especially to land inheritance, should involve and seek approval to all heirs. 2) that the sale and purchase of land inheritance that does not involve all the heirs then selling the land becomes invalid so that Mutatis Mutandis certificate publishing rights Illegitimate and Cancel by the Law. 1) that also challenged that the plaintiff must file a lawsuit prior to the Parties involved in the process of buying and selling land inheritance, from the Seller, Buyer, PPAT, and the Land Office as a party to issue a Certificate of Rights Reserved. The solution that should PPAT and Land Office to socialize, it aims to provide insight to the public especially to the sale and purchase of land.Keywords: Legal Consequence; Certificate; Property ;ublishing; Unauthorized Purchase.

The Wonderland of Public Administration Reforms

1989 ◽  
Vol 10 (4) ◽  
pp. 531-548 ◽  
Author(s):  
Barbara Czarniawska-Joerges
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Organizational Forms ◽  
Organizational Life ◽  
The Public ◽  
Public Sector Organizations

The students of public sector organizations are often surprised by the phenomenon of repetitive, costly and inconclusive reforms, which seem to be an unavoidable part of the public sector landscape. One possible reaction to it is to make a rationalistic critique and then to issue recommendations for improvement. An alternative is to look for a different perspective in analyzing functions of reform. A study of Sub-municipal Committee reform in Swedish municipalities is analyzed in terms of a symbolic accomplishment. In the light of the results, it is somewhat doubtful whether so-called reforms change organizational forms, but they do help to re-shuffle power, achieve a renewed legitimacy, re-socialize organization members and, in general, introduce variety into routines of organizational life.

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