The rights and obligations of the state represented by the corresponding body or official are not specifically highlighted in the Directive. The certainty of some duties of the "representative" of the state can be concluded only by analysing the scope of refugee rights, because the procedural rights of a refugee are positive and for their implementation the state is obliged to take certain measures, otherwise these rights cannot be exercised. Consequently, the obligations of the state, represented by authorised persons, correspond to the rights of a refugee: if a refugee, for example, has the right to remain in the territory of the asylum state, the state must ensure that such refugee enjoys this right, including the
The purpose of the research. The scientific article is devoted to the coverage of the environmental protection funds as a component of national financial and environmental security. Main content. It is substantiated that achieving the effectiveness of regulatory policy in the field of environmental protection requires the state to intensify the forms of its implementation, one of which is the activities of extra-budgetary trust funds. During the analysis of economic and sectoral extra-budgetary funds, the unification of legal regulation of the procedure for allocating funds provided to environmental funds was identified as a necessary measure, which will allow detailed regulation of such rules and establish a mechanism for liability for violations. Methodology: Consideration of materials and methods based on the analysis of documentary materials for the environmental protection funds as a component of national financial and environmental security. Conclusions. The expediency of systematizing the legislation regulating extra-budgetary funds is argued for the purpose of further elaboration and adoption of the Law of Ukraine “On Public Funds”.Keywords: administrative service, environmental tax, government service, municipal service, electronic service, public service.
The purpose of the article is to characterize the grounds for the use of "cassation administrative filters" as part of the mechanism for exercising the right of an individual to cassation appeal against a court decision in a public law dispute. The subject of research is the peculiarities of cassation review of decisions in administrative proceedings. Methodology: The methodological basis for the article are general and special methods of legal science, in particular: the method of dialectical analysis, the method of prognostic modeling, formal and logical, normative and dogmatic, sociological methods. The results of the study: The current regulations on the right of an individual to cassation appeal against court decisions in administrative proceedings by characterizing the existing procedural filters are analyzed. Practical implication: Based on the study of the case law, the types of administrative cassation filters applied by the courts when reviewing the decisions are identified. Value / originality: It is proved that achieving the effectiveness of the application of cassation administrative filters requires a high level of professionalism, which ensures the proper implementation of the individual’s right to file a cassation appeal, and developing the unified approach to the use of assessment categories.
The purpose of the researchis to reveal the peculiarities of introduction of E-Governance Technologies in administrative, social and labor relations: legal regulation and foreign experience. Main content. Information and communication technologies are widelyused by state authorities, but “electronic government” (“E-Government”) and “electronic government” (“E-Governance”) envisage much more than simple use of electronic, digital instruments, namely re-thinking of governance mechanisms, its structures and processes, changing of behavior, relations between participants of electronic governance processes. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of introduction of E-Governance technologies in administrative, social and labor relations: legal regulation and foreign experience.Conclusions. It was determined that there is a noticeable lack of training of employees of state administration bodies for introduction of E-Governance. The digital transformation of the government and its units consists not only of the ability to use information and communication technologies. First of all, the essence consists in transformation of public administration as part of the vision and strategy of national development of the country as a whole.
The article considers the category of discretionary powers of administrative courts. It is noted that human rights and freedoms and their guarantees determine the content and orientation of the activities of our state, the Constitution of Ukraine not only declares the idea that a person is the highest social value of society, but emphasizes that the activities of the state guarantee protection and are aimed at the realization of its legal rights, freedoms and interests. It is stated that ensuring guarantees of man and citizen rights in relations with public administration bodies is the responsibility of any law-based state, and Ukraine is no exception. The above-mentioned necessitated the creation of administrative justice in our state, which, on the one hand, protects the rights of a person and a citizen, and on the other hand, with the help of a single judicial practice, ensures the legality of the activities of public authorities. Administrative justice is the most important procedural and legal instrument in the field of full protection of constitutional rights, freedoms and legitimate interests of man and a citizen. Methodology: The methodological basis for the article are general and special methods of legal science, in particular: the method of dialectical analysis, the method of prognostic modeling, formal and logical, normative and dogmatic, sociological methods. The results of the study: in order to resolve the issue of legislative consolidation of the concept of "discretionary powers of the administrative court", the proposal in part 1 of Art. 4 of the CAS of Ukraine "Definition of terms" a separate paragraph defines the concept of the following content: "discretionary powers of the administrative court – the rights and powers of the administrative court (first, appellate, cassation instances, Grand Chamber of the Supreme Court) granted to it by the state, enshrined in the provisions of the articles of the CAS of Ukraine, which enable the administrative court to freely act considering and deciding an administrative case, to choose between two or more legal alternatives to that, which in its opinion is more appropriate (more reasonable)".
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.