scholarly journals New Legal Regulation of the Administrative Justice in the Slovak Republic

2019 ◽  
Vol 4 (2) ◽  
pp. 95-100
Author(s):  
Juraj Vačok
Keyword(s):  
Public Administration ◽  
Slovak Republic ◽  
Partial Evaluation ◽  
Legal Regulation ◽  
Future Directions ◽  
Legal Norms ◽  
The Future ◽  
Administrative Justice

Administrative justice is a very strong element of control of public administration. Its decisions not only control but also guide the future directions in an application of particular legal norms. The author evaluates the new changes of administrative justice in the Slovak Republic. He points out the main changes in comparison with the previous legal regulation and tries to evaluate them. He points out that it is too early to evaluate the whole new legal regulation. Despite this fact, he states that it is possible to make a partial evaluation on the basis of a result and experiences acquired to this time.

scholarly journals A judicial review of the inactivity of public administration in the Slovak Republic

2019 ◽  
Vol 16 (4 (2)) ◽  
pp. 55-64
Author(s):  
Matej Horvat
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Legal Theory ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Point Of View ◽  
The Public ◽  
Justice Procedure ◽  
Legal Remedies ◽  
Administrative Justice

The article focuses on inactivity of the public administration in the Slovak Republic. It analyses this malfunction of the public administration from the point of view of the legal theory, international legal regulation as well as national legal regulation. The emphasis is on the national legal regulation that should provide effective legal remedies on how to eliminate inactivity of the public administration – namely the Constitution of the Slovak Republic, the Act on Administrative Proceeding and the Act on Administrative Justice Procedure. The article analyses the new legal regulation on a judicial review of inactivity stipulated in the Act on Administrative Justice Procedure and compares it with the previous legal regulation. The aim is to conclude which legal regulation is more effective and describe why it is so.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals The concept and structure of administrative-legal support of the state defense

2018 ◽  
pp. 20-29
Author(s):  
Volodymyr Pashynskyi
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Necessary Conditions ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Legal Norms ◽  
Legitimate Interests ◽  
State Defense

The article deals with modern scientific approaches to the definition and understanding of the structure of administrative-legal support for state defense. The elements of the structure of the administrative-legal support of the state defense are explored. Under the administrative-legal support of the state should be understood as regulated by administrative-legal norms, the systemic activity of the subjects of defense, in the first place, the activities of the subjects of public administration, with regard to the administrative- legal regulation, implementation, protection of social relations in the sphere of defense, guaranteeing the rights and legitimate interests of all subjects of legal relations, aimed at creating the necessary conditions for the defense of the state in the event of armed aggression. At the same time, the structure of the administrative-legal support for the defense of the state will consist of the following elements: 1) the object of administrative-legal support of the state defense – social relations in the field of defense that penetrate practically all spheres of public life; 2) subjects of administrative-legal support for state defense – subjects of administrative legal relations are endowed with rights and duties in the field of defense; 3) norms of law (norms of administrative law) – administrative-legal norms which regulate public relations in the field of state defense; 4) administrative-legal relations in the field of state defense – legal relationships settled by administrative and legal regulations that arise, develop, and cease between the subjects of defense in the process of exercising powers in the field of state defense; 5) guarantees of administrative-legal support of state defense – conditions, means, methods, forms and methods by which the implementation of public relations in the field of state defense is provided. The administrative-legal support of the state defense will be carried out by authorized security entity within the limits of authority and administrative and legal means determined by the norms of administrative law.

ISSUES OF INFORMATIZATION OF THE PENITENTIARY SYSTEM

2021 ◽  
Vol 31 (3) ◽  
pp. 497-503
Author(s):  
V.V. Surin
Keyword(s):  
Comparative Analysis ◽  
Public Administration ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Information Support ◽  
Legal Regulations ◽  
Prison Staff ◽  
Legal Norms ◽  
Criminal Penalties

The article is devoted to the issues of legal regulation of the activities of the penitentiary system, including the legal aspects of informatization of the penitentiary department. The author analyzes the retrospective of the development of legal norms regulating the processes of information support for the execution and serving of criminal sentences. The interrelationships of the development of legal regulation of the processes of informatization of public administration bodies, in general, and divisions of the Federal Penitentiary Service, in particular, are investigated. The paper presents a comparative analysis of a number of legal regulations that currently define various aspects of the information activities of prison staff, in particular, the goals, objectives and methods of implementing this area of activity. On the basis of the conducted research, proposals are formulated to optimize the processes of digitalization of institutions and bodies that execute criminal penalties, and the mechanism for implementing this activity.

scholarly journals INVENTORY OF STOCK LAND OF UKRAINE IN THE SYSTEM OF ADMINISTRATIVE PROCEDURES

2020 ◽  
Keyword(s):  
Land Use ◽  
Public Administration ◽  
Public Management ◽  
Legal Regulation ◽  
The State ◽  
Public Authorities ◽  
Legal Norms ◽  
Administrative Procedure ◽  
Administrative Procedures ◽  
Perspective Planning

The article is devoted to the analysis of the concept of "administrative procedure" in the mechanism of public management of the land use and protection of the reserve land of Ukraine and the concept of "inventory of reserve land" and its place in the system of administrative procedures. It is determined that one of the promising directions for ensuring the efficiency of the implementation of the system of administrative procedures in the field of natural resources is to intensify the implementation of the state inventory of the reserve lands, the priority use of which is determined by the need to solve strategic complex problems of the development of the Ukrainian state. The purpose of this study is to elucidate the problems of legal regulation of the administrative procedure of the state inventory of lands of the reserve of Ukraine. It is determined that among the features of the administrative procedure in the mechanism of public management in the field of land use and protection are the following: they are related to the activities of public administration bodies; regulated by administrative and legal norms; ensure the consistency of actions that the subject of these relationships must take; their purpose is to ensure the exercise of the rights or obligations of a particular legal entity; applied to resolve a specific issue; entities are public authorities, local self-government bodies and their officials and officials natural and legal persons; entails the onset of external consequences; are completed by the adoption of the relevant administrative act, which is binding. The author investigates organizational and legal prerequisites for land inventory. It is concluded that the administrative procedure of the state inventory of the land of the reserve is the activity of public administration bodies, regulated by administrative norms, which provides for the collection and analysis of the information about the object of inventory and their entry in the State Land Cadastre of Ukraine in order to facilitate the effective use of the state land fund and sale interest. In the course of the conducted research it is determined that the state inventory of the land fund of Ukraine will allow to prevent violations of the land legislation and to ensure effective management of land resources, to carry out perspective planning of their use.

scholarly journals Constitutional Aspects of Local Taxes in the Slovak Republic and in the Czech Republic

2019 ◽  
Vol 17 (3) ◽  
pp. 591-616
Author(s):  
Anna Romanova ◽  
Michal Radvan ◽  
Johan Schweigl
Keyword(s):  
Czech Republic ◽  
Slovak Republic ◽  
Legal Regulation ◽  
National Parliaments ◽  
Real Property ◽  
The Czech Republic ◽  
Legal Norms ◽  
Local Taxes ◽  
Actual Use ◽  
International Aspects

The main aim of the paper is to analyze the constitutional backgrounds of the local taxes´ legal regulation, assessment, and collection in the Slovak Republic and the Czech Republic. The paper starts with the general constitutional regulation of taxes and continues with the critical analyses of local taxes´ regulation and application in both countries. It follows the legal power of legal norms, starting with the international aspects – the European Charter of Local Self-Government, continuing with the constitutional issues and finishing with the statutory regulation of local taxes. The first part of the hypothesis that even if the constitutional regulation in these countries is very different and gives different opportunities for the local taxes adoptions both in national Parliaments and in local councils, the practice in both countries is very similar, was (with a small difference in the actual use of given possibilities to adjust the real property tax revenues by the municipalities, which speaks in favour of the Slovak ones compared to the Czech) confirmed. However, the second part of the hypothesis that in both countries local self-government units do have adequate powers to impose and collect local taxes was rejected. In the conclusion, the comparison between the Czech Republic and the Slovak Republic is made and possible changes de lege ferenda are presented.

scholarly journals PUBLIC ADMINISTRATION OF MARITIME ACTIVITIES IN UKRAINE: PROBLEMS AND DECISIONS

2021 ◽  
pp. 80-85
Author(s):  
T. V. Averochkina
Keyword(s):  
Public Administration ◽  
Good Governance ◽  
Historical Analysis ◽  
Legal Regulation ◽  
International Standards ◽  
Maritime Industry ◽  
Legal Norms ◽  
Analysis And Synthesis ◽  
The Status ◽  
Service State

The article characterizes the current state and problematic aspects of public administration  of maritime and related port activities in Ukraine. The urgency of the issue is due to the  ongoing crisis in the legal and administrative regulation of these areas. The aim of the article  is to establish optimal models and tools for constructing a new system of public administration  of the maritime industry, taking into account international standards and best practices. The  methodological basis of the research is formed by a system of general scientific and special  legal methods of scientific research (historical, analysis and synthesis, scientific abstraction  and forecasting). The article draws special attention to the fact that the declared revival and  maintenance of the status of Ukraine as a maritime state, the development of its maritime  trade and naval potential can not occur only due to situational changes in response to crisis  events or to accelerate the decision of problems which have not been resolved for decades.  Here, a different, systemic approach to both legal regulation and the practice of implementing  the adopted legal norms should be introduced, a new approach to public administration of  the entire industry. The author classifies measures to overcome the port crisis in Ukraine into  financial, infrastructural and operational ones. It is proposed to repurpose the legal regulation  and law enforcement practices to support public sector entities and seafarers-citizens  of  Ukraine, as well as to simplify formalities in the ports of Ukraine. The relevance of the  concepts of anthropocentrism, service state and “good governance”, taking into account risk  management systems at all levels for the modernization of public administration of maritime  and port activities in Ukraine, is emphasized. The priority is to analyze the steps taken and  systematically update the current maritime and port legislation using a “package” approach to  its development. This approach enables to ensure that the interests of most maritime and port  stakeholders and the state are taken into account and balanced. 

scholarly journals Consumer Protection in the Slovak Republic and Protection of Air Passengers’ Rights

2018 ◽  
Vol 11 (40) ◽  
pp. 217-227
Author(s):  
Hana Magurová ◽  
Matej Horvat ◽  
Mária Srebalová
Keyword(s):  
Consumer Protection ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Private Law ◽  
Eu Law ◽  
Basic Principles ◽  
Legal Norms ◽  
Consumer Law ◽  
Tourism Services ◽  
The Eu

Abstract The authors analyse a legal regulation of consumer protection in the Slovak Republic, comprised (among others) the Civil Code, the Act on Consumer Protection and the Act on Consumer Protection in Provision of Certain Tourism Services. They refer to the specifics of consumer law, which undermines the basic principles of private law (the principle of equality of the involved parties and the principle of the dominance of dispositive legal norms), because it primarily serves for the protection of a weaker party of the consumer agreement - a consumer. They focus on the claims of consumers - air passengers. The conclusion is that air passengers’ rights drive mainly from the EU law. They also present a survey regarding air passengers’ rights and propose suggestions on how to improve their satisfaction. The aim of a paper is to start a discussion on air passengers’ rights because the number of air passengers increases.

scholarly journals Requirements of a Law-Governed State as a Due Basis for the Establishment of the Russian Administrative Law Paradigm

2021 ◽  
Vol 2 ◽  
pp. 42-54
Author(s):  
Yuriy N. Starilov ◽  
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Issues ◽  
Procedural Law ◽  
Practical Usefulness ◽  
The Subject ◽  
Administrative Proceedings ◽  
The Relationship ◽  
Administrative Justice

The article takes a brief excursion into the scientific topics of administrative and legal issues, deeply researched by LL.D, Professor Alexander Borisovich Zelentsov. These include the development of administrative and administrative procedural law, the interaction of public administration and administrative justice, and the relationship between administrative proceedings and judicial administrative law. The new views of the scientist on the trends in limiting the subject of administrative law are considered, as well as his merits in putting forward ideas, setting tasks and setting priorities for the modernization of many elements of the system of administrative legal regulation are noted. The article analyzes the theoretical validity and practical usefulness of many of A.B. Zelentsov’s opinions concerning the improvement of the system and structure of judicial administrative law.

scholarly journals Procesné a organizačné súvislosti zmeny názvu obce a jej časti

2020 ◽  
Vol 21 (2) ◽  
Author(s):  
Lukáš Tomáš
Keyword(s):  
Legal Theory ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Point Of View ◽  
Central State ◽  
State Administration ◽  
The Future ◽  
Administrative Courts ◽  
The Government ◽  
The Village

In the presented article, the author analyzes the procedural and organizational aspects of changing the name of the municipality and its part. It formulates reflections on whether the beginning of the process of changing the name of the municipality is conditioned by procedural activity on the part of the municipality, or whether it is possible only at the initiative of the Government of the Slovak Republic. There have been different legal views on this issue in the application practice of the Government of the Slovak Republic, the Central State Administration and the administrative courts. The author also brings a comparative view of the modification of the name of the village and part of the village. He examines these aspects from the point of view of legal theory and applied practice. In the indicated contexts, the comparison of the Slovak legal regulation with the relevant diction of foreign municipal establishments does not omit either. It also presents its own proposals for a possible change in legislation in the future (de lege ferenda).

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