Problems of Legality最新文献

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Modern Challenges of Adjusting the Effectiveness of the Application of Laws (on the Example of Tax and Legal Regulation) 调整法律适用效力的现代挑战(以税收和法律监管为例)
Problems of Legality Pub Date : 2024-05-10 DOI: 10.21564/2414-990x.164.297335
Olha Lohvinova
{"title":"Modern Challenges of Adjusting the Effectiveness of the Application of Laws (on the Example of Tax and Legal Regulation)","authors":"Olha Lohvinova","doi":"10.21564/2414-990x.164.297335","DOIUrl":"https://doi.org/10.21564/2414-990x.164.297335","url":null,"abstract":"The relevance of the research topic is determined by the current state of social relations. It is notedthat the analysis of modern social relations cannot be carried out outside the boundaries of significantchallenges that require not only their understanding, but also consideration in the relevant reform measures.The most important challenges today are the following: Russia's war with Ukraine; European integrationprocesses that characterize modern trends in Ukrainian development; digitization of all aspects of public life.Given the problems associated with this, the article defines both objective reasons that affect tax relations, aswell as requirements that are subjective in nature.The purpose of the article is to highlight problematic aspects of the state of modern legal regulation.Attention is focused on the fact that war, European integration and digitalization are among the mostinfluential factors in this aspect. It is clear that they cannot fail to influence the traditional legal means thatguarantee the effectiveness of tax legislation. These aspects are the subject of analysis.Traditional methods of scientific knowledge are used in the research, thanks to which a systematicidea is formed about the reasons for adjusting legal means of influence on tax relations. The characteristicsof the influence of martial law on tax regulation are carried out depending on the stages. The beginning ofthe first is associated with 2014, while the second - with 2022. Despite common features (narrowing of theterritories where Ukrainian jurisdiction exists, reduction of the tax base and tax-paying taxpayers, etc.),differences in the content of these stages have been singled out. European integration processes, whichreflect the movement of Ukraine towards the European community, provide for the adjustment of the natureand content of tax legislation in the following directions: a) adaptation of the current tax legislation ofUkraine to European requirements; b) consideration of European prescriptions at the stage of developmentof zocono projects; c) achieving a balance of acts of the national legislation system.Three areas of relations, which most fundamentally affect the legal status of tax regulation, havebeen studied. The prospects of tax changes depending on the state of war, the prospects of the impact ofharmonization of EU legislation and national legislation, the need to take into account the processes ofdigitalization of tax relations are considered.On the basis of the conducted research, conclusions were made and recommendations were maderegarding the harmonization of the prescriptions of both exclusively tax norms and tax norms on the borderwith other industry regulations. Adjustment of the current set of legislative norms determines the importanceof a systematic approach to the turnover of virtual assets. The formation of a generalized, systematicapproach to these relations is fundamentally important. In order to achieve such a state, it is very impor","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Dynamics of legal regulation of exemptions in the payment and calculation of land fees in the conditions of martial law on the basis of judicial practice 以司法实践为基础,对戒严条件下土地费的缴纳和计算免税进行法律规范的动态变化
Problems of Legality Pub Date : 2024-05-10 DOI: 10.21564/2414-990x.164.290206
Vladyslav Harkusha
{"title":"Dynamics of legal regulation of exemptions in the payment and calculation of land fees in the conditions of martial law on the basis of judicial practice","authors":"Vladyslav Harkusha","doi":"10.21564/2414-990x.164.290206","DOIUrl":"https://doi.org/10.21564/2414-990x.164.290206","url":null,"abstract":"The relevance of the research topic is stipulated by the new challenges faced by our country in connection with the armed aggression of the Russian Federation against Ukraine and the need to adapt the legal regulation of land payment in terms of its calculation and payment during the period of martial law. The purpose of the article is to trace the dynamics of legal regulation of land payment during martial law, and to review the current case law of both national courts regarding the resolution of disputes on the cancellation of a tax assessment notice and the case law of the European Court of Human Rights in terms of determining the conceptual foundations for the construction of legal provisions.  The study of the issue of payment and accrual of land payment is of both applied and theoretical nature, since violation of the means and rules of rule-making technique leads to tax disputes.  The analysis of legal constructions of the Tax Code of Ukraine and other regulatory legal acts made it possible to identify problems in the regulation of land payment, which consist in violation of the rule of law principle provided for by the Constitution of Ukraine. The Constitutional Court of Ukraine has defined the principles of legal certainty and legal predictability as components of the rule of law.  The inconsistency of the provisions of the Tax Code of Ukraine and bylaws has led to a dual interpretation of their rights and obligations by taxpayers and controlling authorities. The author analyzes the positions of the controlling authorities in terms of amendments to the regulation of the calculation and payment of tax liabilities for taxation of land plots located in the temporarily occupied territories or in the territories where military operations are (were) conducted.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 40","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Terminological support for the systematicity of tax regulation as a basis for achieving a balance of interests of participants in tax relations in Ukraine 从术语上支持税收法规的系统性,将其作为实现乌克兰税收关系参与者利益平衡的基础
Problems of Legality Pub Date : 2024-05-10 DOI: 10.21564/2414-990x.164.297655
Oleksandr Savvi
{"title":"Terminological support for the systematicity of tax regulation as a basis for achieving a balance of interests of participants in tax relations in Ukraine","authors":"Oleksandr Savvi","doi":"10.21564/2414-990x.164.297655","DOIUrl":"https://doi.org/10.21564/2414-990x.164.297655","url":null,"abstract":"The relevance of the research topic is backed by the fact that the current tax legislation and other industrylegislation bordering on tax regulation cannot be defined as a systemic, coordinated framework. There arefundamental differences both between certain legislative acts and between certain legislative norms withinone act. The relevance is further forced by the fact that the respective influence on achieving systematic taxlegislation is yet to be taken into account considering the provisions of the Law of Ukraine \"On Policy-Making Activities\". The purpose of the article is to analyze the terminological aspects that express thecontent of tax regulation, which is carried out in view of the systemic criteria for composition of tax law. Theresearch applies methods of scientific knowledge that specify the problematic nature of the consideration ofissues, namely the systematic method (through which the systematicity of tax law and the systematicity of taxlegislation is investigated), comparative (through which a comparative analysis of the development dynamicsand changes in legislative norms is carried out), prognostic (through which the conclusions regarding theprospects for changing the tax legislation system are made). The comparative nature of the system of both taxlaw and tax legislation is researched. The tax glossary is characterized through the possibilities andconsequences of formulating a stable construction of definitions that expressly ensure tax regulation. Theanalysis of the raised issues is carried out through determining a number of aspects based on the assessmentof the norms of the Law of Ukraine \"On Policy-Making Activities\". The classification of laws in the context oftax regulation is provided. The system of legislative impact is based on the consistency of the relevant rulesfrom a constitutional norm to a norm of a bylaw . Emphasis is placed on two original constitutionalconstructs (Articles 67, 92 of the Constitution of Ukraine), which are further specified in the relevant taxlegislation. On the basis of the conducted research, conclusions and recommendations were developed that aclear consideration of a particular balance of norms contributes to the elimination of gaps and conflicts intax regulation. Achieving a balance of interests of the participants in tax relations cannot occur in case ofsystematic ignoring and violation of policy-making procedures. Article 4 of the Tax Code of Ukraineestablishes unanimous requirements regarding the stability of tax legislation, the objective necessity of acertain period of delay between the moment of adoption of a legislative norm and its entry into force.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140993946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Creative industries: concept, features, and problems of legislative interpretation 创意产业:概念、特点和立法解释问题
Problems of Legality Pub Date : 2024-05-10 DOI: 10.21564/2414-990x.164.300752
Anna Shtefan
{"title":"Creative industries: concept, features, and problems of legislative interpretation","authors":"Anna Shtefan","doi":"10.21564/2414-990x.164.300752","DOIUrl":"https://doi.org/10.21564/2414-990x.164.300752","url":null,"abstract":"The article explores the concept of creative industries, suggests their features, and analyses the list of creative industries of Ukraine in terms of correctness of legislative interpretations and substantive compliance with creative fields of activity. The definition of creative industries has been improved: these are areas of economic activity that create (produce) goods and/or provide services based on the use of intellectual (creative) capital and commercialize them by combining creative results with business solutions, which leads to the creation of added value and jobs. The use of the National Classifier of Ukraine DK 009:2010 \"Classification of Types of Economic Activity\" as the basis for the list of creative industries in 2019 was a wrong decision which, however, logically follows from the definition of creative industries introduced in 2018 in the Law of Ukraine \"On Culture\" which qualifies them as types, not spheres of economic activity. The literal application of this concept has led to the fact that the national list of creative industries has the following shortcomings: 1) artificial segmentation of one field of activity into several creative industries; 2) artificial unification of different areas of creative activity into one creative industry; 3) absence in the list of fields of activity which are essentially creative industries; 4) coverage by the list of fields of activity which do not produce creative products and do not provide creative services. It is concluded that a new, qualitatively different list of creative industries needs to be approved.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 97","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140991049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services 非银行金融服务特别授权机构的设立及其法律地位
Problems of Legality Pub Date : 2024-05-10 DOI: 10.21564/2414-990x.164.301104
Olga Bakalinska, Hanna Shovkoplias
{"title":"Creation and Legal Status of a Specially Authorized Body of Non-Banking Financial Services","authors":"Olga Bakalinska, Hanna Shovkoplias","doi":"10.21564/2414-990x.164.301104","DOIUrl":"https://doi.org/10.21564/2414-990x.164.301104","url":null,"abstract":"The article is devoted to the peculiarities of state regulation in the market of non-banking financial services. At the same time, attention was paid to the creation of a specially authorized state body in the form of the National Commission for Control of the Market of Non-Banking Financial Services. The purpose of the article is to reveal the legal status, the order of formation, and clarify the main principles of the National Commission's activity. Achieving the outlined goal became possible thanks to the use of a complex of methods of scientific knowledge, in particular, the dialectical method (for comprehensive knowledge of the nature of the National Commission for Control over the Market of Non-Banking Financial Services), the formal-legal method (for establishing the content of legal norms), the formal-logical method (for identification of shortcomings in national legal regulation), comparative legal method (for studying the experience of other countries and determining the prospects for implementing their principles of activity in the national legal field). It has been studied that the special status of the commission is that it ensures the stability of the entire non-banking financial system of Ukraine, establishing the requirements that such institutions must meet, namely requirements for: liquidity, solvency, capital, asset quality, risk level of operations, profitability. The work examines the relationship between the commission and the National Bank of Ukraine, their cooperation in the market, which consists in the development of regulatory and legal acts and their approval. The need for the National Bank of Ukraine to delegate its powers to the National Commission for Control of Non-Banking Financial Services in relation to: registration of market participants, licensing of non-bank financial institutions, determining the procedure for issuing and canceling a license, approving the terms of operation of such institutions. In view of this, a new model of state regulation on the market of non-banking financial services was proposed in the form of concentration of all control functions on the market in a single operationally independent regulator - the National Commission for Control of Non-Banking Financial Services, which is in close cooperation with the National Bank of Ukraine and by the National Securities and Stock Market Commission. Also, the article emphasizes that regulation by the National Commission for Control of the Market of Non-Banking Financial Services should be complemented by a system of self-regulating participants in the market, which are an additional tool to state regulation.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Implementation of the Ecosystem Services Concept in the Environmental Legislation of Ukraine: Current State and Prospects 乌克兰环境立法中生态系统服务概念的实施:现状与前景
Problems of Legality Pub Date : 2024-05-10 DOI: 10.21564/2414-990x.164.299919
Evgeny Suetnov
{"title":"Implementation of the Ecosystem Services Concept in the Environmental Legislation of Ukraine: Current State and Prospects","authors":"Evgeny Suetnov","doi":"10.21564/2414-990x.164.299919","DOIUrl":"https://doi.org/10.21564/2414-990x.164.299919","url":null,"abstract":"The article outlines the general principles of the concept of ecosystem services and examines the current state and prospects of its implementation in national environmental legislation. \u0000It is established that the need to introduce this concept has already been envisaged by a number of strategic programmatic documents, headed by the “Basic Principles (Strategy) of the State Environmental Policy of Ukraine for the Period up to 2030”, but this concept is still not reflected at the level of key environmental legal acts, in particular, the Law of Ukraine “On Environmental Protection” and resource-specific codes and laws which not only lack any mention of ecosystem services, but also hardly ever use the term “ecosystem” at all. \u0000It is proved that one of the ways to implement the concept of ecosystem services in Ukraine is to develop an appropriate legal framework, namely: The Law of Ukraine “On Ecosystem Services” and other related bylaws, which should be done in the near future. At the same time, it is substantiated that in addition to the adoption of new legislation in this area, it is extremely important to analyze the current environmental legislation through the prism of the ecosystem approach and make appropriate changes and additions to it, since only under such conditions can legislative gaps and conflicts be avoided and a coherent model for implementing the concept of ecosystem services be developed, which in the current realities of the armed aggression of the russian federation will help to assess and take into account all the damage caused to the environment of Ukraine.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":" 60","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140990885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study) 乌克兰和某些外国立法规定的行政程序(比较法研究)
Problems of Legality Pub Date : 2023-12-28 DOI: 10.21564/2414-990x.163.292358
I. Kovbas, P. Krainii
{"title":"Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study)","authors":"I. Kovbas, P. Krainii","doi":"10.21564/2414-990x.163.292358","DOIUrl":"https://doi.org/10.21564/2414-990x.163.292358","url":null,"abstract":"The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine \"On Administrative Procedure\".","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"31 41","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139148149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure 作为行政程序执行原则的诚信原则
Problems of Legality Pub Date : 2023-12-28 DOI: 10.21564/2414-990x.163.291191
Nataliia Zadyraka
{"title":"The Principle of Good Faith as the Principle of Implementation of the Administrative Procedure","authors":"Nataliia Zadyraka","doi":"10.21564/2414-990x.163.291191","DOIUrl":"https://doi.org/10.21564/2414-990x.163.291191","url":null,"abstract":"The relevance of the topic is due to the fact that one of the fundamental principles of the administrative procedure is the principle of good faith, which has become both a reflection of the law enforcement need that has arisen in the process of judicial and regulatory practice, and the result of scientific developments carried out and the search for argumentation to determine the optimally necessary list of fundamental principles of publicity and management legal relations. The purpose of the article is to establish the content and essence of the principle of good faith as a principle of administrative procedure. The study used such general scientific and specifically scientific methods of scientific knowledge of the principles of administrative procedure as the historical and legal method; method of comparative law; generalization method and classification method. It is noted that the principle of integrity in an administrative procedure actually comes from the moral foundations of society and should be considered as one of its basic principles, defined in the legal and ethical standards of humanity, and is capable of reflecting the desire of an official and a private person to «act good honestly». The principle of integrity is considered in many areas, such as law, business, science and society as a whole. The main aspects of the principle of integrity as a regulator of social relations are indicated: honesty, understood as the ability of an individual or organization to act in accordance with the moral principles of society, avoiding deception, forgery and any other forms of dishonesty. Based on the study, conclusions are formulated and recommendations are given. It is substantiated that conscientious activity includes the fulfillment of all competent obligations. It is noted that the principle of good faith implies respect for the rights of others and attempts not to harm their interests or rights. It is recommended to consider the principle of conscientiousness in the implementation of administrative procedures as the principle of a responsible attitude of an individual to the consequences of his activities.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"1 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139148855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Planning Acts in Administrative-Procedural Legislation and the Issue of (im)Possibility of Their Settlement 行政程序立法中的规划法案及其解决的(不)可能性问题
Problems of Legality Pub Date : 2023-12-28 DOI: 10.21564/2414-990x.163.294428
T. Karabin
{"title":"Planning Acts in Administrative-Procedural Legislation and the Issue of (im)Possibility of Their Settlement","authors":"T. Karabin","doi":"10.21564/2414-990x.163.294428","DOIUrl":"https://doi.org/10.21564/2414-990x.163.294428","url":null,"abstract":"The relevance of the topic is due to two factors, on the one hand, the new stage of legal regulation of relations between private individuals and administrative bodies, which is connected with the entry into force of the Law of Ukraine \"On Administrative Procedure\", and on the other hand, the growing importance of planning acts and the need for their proper regulation. Both general scientific and special methods of scientific knowledge were used in the research. The purpose of the article is to substantiate the essence, characteristics, signs and requirements of planning acts, as well as proposals for their regulatory regulation. It is noted that it is important to distinguish planning acts based on what/whom the relevant act is aimed at. Part of the acts of planning and planning activities are aimed at internal organizational issues of the body itself or at the system of public administration. Another part of the acts of planning and planning activities is aimed at private individuals, creating legal consequences in the form of the emergence, change or termination of their rights and the creation of obligations. It is substantiated that the given classification has both theoretical and practical significance. The theoretical significance lies in the fact that the separation of planning acts from those aimed at determining the rights of private individuals from those that do not have an external direction will allow to fill the category of administrative law with content, such as \"tools of public administration\". Instead, the practical side of such a demarcation can contribute to the improvement of regulatory regulation. We are talking about the regulation of both the procedure for the adoption and implementation of acts, and the procedure for their appeal, because the question arises as to the possibility or impossibility of regulating such acts by administrative-procedural legislation, as well as the regulation of the procedural procedure for appealing such acts according to the provisions of the Code of Administrative Justice of Ukraine. On the basis of the conducted research, conclusions regarding administrative-procedural legislation were formulated and proposals were made, in particular, that the procedure for adopting a planning act should be closer to the adoption of an administrative act and be regulated by the Law \"On Administrative Procedure\". When adopting them, all principles of administrative procedure must be observed, although specifics must be determined by special legislation. Regarding the wording of plans, it is appropriate to call general planning decisions \"plan\", but when it comes to the second type, then use the term \"act\" - plan act, planning act.","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"20 s2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139150230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Types of Participants in Administrative Proceedings 行政诉讼参与人的类型
Problems of Legality Pub Date : 2023-12-28 DOI: 10.21564/2414-990x.163.291705
Andriy Shkolyk
{"title":"Types of Participants in Administrative Proceedings","authors":"Andriy Shkolyk","doi":"10.21564/2414-990x.163.291705","DOIUrl":"https://doi.org/10.21564/2414-990x.163.291705","url":null,"abstract":"The paper attempts a critical analysis of the new norms of the Law of Ukraine \"On Administrative Procedure\", dedicated to the types of participants in administrative proceedings. The relevance of the study is due to the provision of a deeper understanding by the authorized subjects of law enforcement, which will be presented for the first time in a numeral administrative proceeding. At the same time, the article is aimed not only at a deepening of the understanding of new legal categories that have were included to participants in administrative proceedings by national legislator. Also, the expediency of their inclusion to participants is analyzed as well as possible of options for future improvement of the relevant norms of the Law of Ukraine \"On Administrative Procedure\" are proposed. For this, the comparative legal method is widely used in the analysis, which allows to investigate the origins and prerequisites for the selection of certain types of participants based on European administrative standards and the achievements of foreign legal doctrine, enshrined in the relevant legislative administrative procedure acts. As a result of the conducted analysis, it is recommended to change the concepts applied in the Ukrainian Law in the part of the entities that participate in the general administrative procedure almost completely. At the same time, it is recommended to do this not hastily, but only after the future professional commitment and the initial experience of its enforcement gained in the first period after the entry into force of the Law of Ukraine \"On Administrative Procedure\".","PeriodicalId":417369,"journal":{"name":"Problems of Legality","volume":"223 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139153054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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