scholarly journals Civil Rights Policy in the Federal System: Proposals for a Better Use of Administrative Process

1965 ◽  
Vol 74 (7) ◽  
pp. 1171 ◽  
Author(s):  
Joseph P. Witherspoon
Keyword(s):  
Civil Rights ◽  
Federal System ◽  
Administrative Process

scholarly journals Habeas Corpus, Civil Rights, and the Federal System

1953 ◽  
Vol 20 (3) ◽  
pp. 509 ◽  
Author(s):  
O. John Rogge ◽  
Murray A. Gordon
Keyword(s):  
Civil Rights ◽  
Federal System ◽  
Habeas Corpus

scholarly journals ESSENTIAL CHARACTERISTICS OF ENFORCEMENT PROCEEDINGS AS AN INTEGRAL PART OF THE ADMINISTRATIVE PROCESS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 323-330
Author(s):  
А. V. Kapranov ◽  
Y. V. Kapranova
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
Executive Power ◽  
Administrative Process ◽  
Emergency Situations ◽  
Executive Process ◽  
The Subject ◽  
Characteristic Features ◽  
Goals And Objectives

Enforcement proceedings are the sphere of activity of authorized officials of Federal Executive authorities who carry out non-judicial enforcement of judicial acts and acts of Executive power on the basis of administrative procedural norms. Along with bailiffs and officials of the FSSP of Russia, other subjects, officials of the Ministry of internal Affairs of Russia, the Federal security service of Russia, the Ministry of emergency situations of Russia, and others, are given authority to execute law enforcement acts by Federal legislation. The article considers the essence and content of the Executive process as an integral part of the administrative process. The authors analyze the concept of enforcement proceedings, identify its content as an administrative and legal institution. The analysis of the concept of enforcement proceedings and its sources allows us to conclude about the understanding of its essence as a type of administrative process. The article highlights the role of enforcement proceedings in the mechanism of protection of human and civil rights and freedoms. The article considers various characteristic features of enforcement proceedings that allow it to be differentiated from other types of proceedings, identifies the subject of regulation, goals and objectives, principles, participants, stages and features of enforcement proceedings.

scholarly journals LEGAL INTERESTS OF THIRD PERSONS DURING THE VALIDITY OF THE CONSTRUCTION PERMIT

2011 ◽  
Vol 1 (3) ◽  
pp. 134
Author(s):  
Ilga Krampuža
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Construction Process ◽  
Administrative Process ◽  
Construction Permit

This article focuses its attention on the issues related to the problems, which emerge during the construction administrative process regarding the construction and the problems concerning legal interests of third persons in the construction administrative process. The problems regarding the legal disputes are identified. The article introduces proposals to improve the legal regulations concerning the construction process. Various aspects resolving disputes on construction according to legal regulation such as administrative legal disputes and civil rights legal disputes are analysed in this study.

scholarly journals Ending the Discussion on the Understanding of the Administrative Process

2021 ◽  
Vol 18 (3) ◽  
pp. 359-378
Author(s):  
Yu. P. Solovey
Keyword(s):  
Civil Rights ◽  
Public Administration ◽  
Legal Doctrine ◽  
Legal Concept ◽  
Administrative Process ◽  
The Public ◽  
Judicial Proceedings ◽  
Administrative Procedures ◽  
Necessary And Sufficient ◽  
Legal Grounds

A discussion that has been going on for decades in the Russian legal doctrine about the understanding of the administrative process, according to one of its most active participants, Professor Yu. N. Starilov – a supporter of the judicial interpretation of the administrative process, has lost its meaning today and only hinders the adoption of overdue legal decisions. From the point of view of the named specialist, the legislator must put an end to this discussion by forcing legal scholars and practitioners to use the “correct” terms. In this regard, as the purpose of the presented research the Author has chosen to clarify the issue of the existence of legal grounds for a clear and unambiguous understanding of the administrative process, to determine the content of this legal concept. The subject of the research is legal norms and judicial acts, which use “administrative-procedural” terminology. The hypothesis of the research is that at present there are necessary and sufficient legal grounds to complete the discussion in the legal doctrine on the understanding of the administrative process. To prove the hypothesis and formulate the conclusions of the study, dialectical, formal-logical, formal-legal, comparative legal methods of cognition, the method of interpreting law, and analysis of materials of judicial practice are used. The study makes it possible to conclude that the current domestic legislation provides for the necessary and sufficient legal basis for understanding the Russian administrative process as a legal concept, meaningfully consisting of three parts: a) administrative judicial proceedings; b) proceedings on cases of administrative offenses; c) administrative process (administrative procedures). Hence, the scientific discussion about the understanding of the Russian administrative process, first of all, about the content of this legal concept, should be considered complete in the Author’s opinion. As one of the results of the study, the Author also notes the dualistic nature of the administrative process, given to it by Russian legislation and expressed in the existence of administrative judicial proceedings (carried out by a court) and an administrative out-of-court process (carried out by the public administration). This circumstance must certainly be taken into account when developing future administrative procedural legislative decisions. At the same time, the doctrinal recognition of the status of administrative procedural for the relevant activities of the public administration, to a much greater extent than the qualification of such activities as administrative and procedural, advocated by the followers of the judicial concept of administrative process, will contribute to the implementation of the idea of protection in the federal law on administrative proceedings (administrative procedures) being drafted of human and civil rights in relations with public administration and, in general, ensuring an appropriate level of proceduralization of administrative activities that meets the standards of a legal state.

Taking Civil Rights to the Next Level

PsycCRITIQUES ◽  
2016 ◽  
Vol 61 (7) ◽  
Author(s):  
Elizabeth V. Swenson
Keyword(s):  
Civil Rights
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