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The article focuses on the study of international legal instruments in the field of corruption prevention, specifically addressing the definition of «conflict of interest». The relevance of the topic stems from the increasing incorporation of the conflict of interest concept into various areas of public management and administration through national legislation. Many works of scientists are devoted to the study of the problem of conflict of interests: the authors analyzing the definitions of key terms as outlined in national legislation; the essence of the definition is revealed through the typology and the classification of different types of conflicts of interest. However, at the national level, a comprehensive understanding of the application of the conflict of interest concept has not yet been fully developed. There is also a lack of a conceptual framework that satisfies the requirements of legal certainty. The question of the definition of «conflict of interest» in a way that is suitable for judicial and administrative application remains a matter of debate. An important step toward resolving this issue is the examination of international legal approaches to defining the essence of the concept. The article analyzes international conventions, declarations, and other legal instruments related to the fight against corruption to interpret and clarify the meaning of «conflict of interest». It clarifies international legal approaches to defining the term for the purposes of legal regulation. The article notes that the definition of conflict of interest can encompass a broad range of issues, particularly those related to combating corruption, which may fall within both administrative and criminal law. It is concluded that the term «conflict of interest», as a specific legal term, is not explicitly defined in international legal acts. The definition of «conflict of interest», as a complete and independent legal term, suitable for judicial and administrative use, is shaped by the context of state interests, the constitutional and legal framework, and public service requirements. [ABSTRACT FROM AUTHOR]

The article examines the issue of the formation of the concept of «individual act» in legislation with regard to ancient history and modernity. Ukraine is at the stage of reforming state institutions and legislation in general. It is indicated that the study of the history of the formation of the category of individual actions makes it possible to follow the path of development because of mistakes made that affected the effectiveness of the application of the regulatory f ramework. It is noted that individual acts, within more general problems, have been the subject of scientific research, but the genesis of an individual act is understudied. Furthermore, it was analyzed that the normative acts of ancient times and the Middle Ages do not have a direct mention of the concept of an individual act or a public legal dispute. Instead, the nature of decision-making shows that such decisions have all the characte ristics of individual acts. When researching the regulatory framework on the territory of Ukraine during the princely era and hetmanship, it was determined that in parallel with the expansion of functions and the increase of the state's intervention in all spheres of public life, the need to control and limit the actions of government officials grew. It is noted that in the XIX - the beginning of the XX century, the laying of foundations in the formation of the category of public legal dispute was observed, in particular regarding the challenge of legal acts. A significant historical contribution to the development of administrative law is the Constitution of the Ukrainian People's Republic. It is noted that the definition of the concept of an administrative act was in the legislative acts of the Soviet period. The development of administrative justice and the concept of an individual act is divided into three periods: a) from 1991 to the adoption of the Code of Administrative Justice of Ukraine; b) from 2005 to 2022 (taking into account the new version of the Code of Administrative Justice of Ukraine that entered into force on 15.12.2017; c) from 2022 to today, which is connected with the adoption of the Law of Ukraine «On Administrative Procedure» and the rapid harmonization of the legislation of Ukraine with the requirements for joining the EU. The article states that an individual act as the subject of a public legal dispute received its normative definition at the legislative level only after changes to the Ci vil Code of Ukraine in 2017. It was concluded that a common understanding of the definition of an individual act by the scientific community and the legislator is extremely important, as it forms a common approach to their application. [ABSTRACT FROM AUTHOR]

Studying the institute of intellectual property, we can say that this institute has been developing for a long time and continues its evolution even today. Realizing the importance of intellectual activity and property, humanity began active work on its protection and protection. Currently, the protection of the results of intellectual activity is carried out by a special UN institution and each state separately. Which is quite understandable, because intellectual property is something without which the economy and society in general cannot develop these days. The article emphasizes that administrative responsibility as one of the institutes of the field of administrative law performs a preventive and punitive function and is an important element of state influence to prevent and stop the commission of socially dangerous harmful acts. This indicates that one of the priority directions of the development of the legal state should be considered the improvement of intellectual property rights in terms of administrative and legal protection and protection of intellectual property rights. It has been established that one of the priority directions for the development of the rule of law should be the improvement of intellectual property rights in terms of administrative and legal protection and protection of intellectual property rights. It is about clear and objective regulation of administrative offenses in the field of intellectual property, taking into account adequate measures of administrative and legal responsibility, which in their practical application will prove their effectiveness in countering violations of rights to objects of intellectual property law. It was established that the current legislation, which provides for administrative responsibility for committing offenses in the field of intellectual property, is in a static state, and therefore there are serious legal gaps, in particular at the local and regional levels, which are not filled by the relevant legal norms. It has also been investigated that, as of today, there is no clear plan of measures to counter offenses in the field of intellectual property. [ABSTRACT FROM AUTHOR]

It is noted that the active development of social relations influenced the renewal of the doctrinal foundations of Ukrainian administrative law, as a result of which there are constant discussions in the modern science of administrative law of Ukraine, including those directly related to administrative-legal relations. The perspectives of administrative and legal science, as well as the branches of administrative law, are related to modern tasks that science sets before itself in accordance with social requirements, which must be solved, including through the application of measures. It is noted that administrative law regulates a significant number of various social relations, among which a special place is occupied by administrative-delict relations, which cover a variety of relations, which are covered by the norms of administrative law, which is currently in the stage of systemic reform and is mostly related to relations regarding ensuring the realization of human and citizen rights and freedoms, consideration of administrative disputes, application of measures of administrative responsibility, bringing to disciplinary responsibility persons under public law. Attention is drawn to attempts to reform the administrative-tort legislation, since the codified act of administrative-tort legislation adopted during the Soviet era does not meet the realities and requirements of today. Therefore, the issue of updating the administrativedelict legislation occupies a prominent place in the scientific developments of domestic jurists. Existing scientific discussions on the separation of administrative-tort law into an independent branch of law exist to this day, but we must state that, despite its own specificity, administrative-tort law performs a significant number of various functions (regulatory, binding, permissive, protective, educational, etc., is a sub-branch of administrative law, which has a special subject of legal regulation, which is a set of legal norms regulating relations arising from the doctrine of administrative tort. It is emphasized that the formation of modern administrative and tort law involves interaction with the institutions of administrative responsibility provided for by the sectoral norms of laws, which may include the procedure for bringing a person to administrative responsibility, which is completely different from that regulated by the Code of Ukraine on administrative offenses, which requires new theoretical views on establishing a system of administrative penalties. [ABSTRACT FROM AUTHOR]

The article analyzes and reveals the concept of state-official legal relations in state authorities in general, and law enforcement agencies in particular, it is emphasized that these legal relations are characterized by specificity and have a direct impact on the development and functioning of the state apparatus, as well as create the basis for the effective implementation by public servants of their direct powers and functions that were delegated to them by society and the state. It is emphasized that in modern legal science, the essence of the definition of «legal relations» lies in the understanding of relations between natural persons, which embody the legal reflection of social, political, economic, family, in some cases, moral, as well as other social relations, which sublimate the process of emergence, change and termination of a social relationship based on legal norms, the participants of which have legal rights and obligations, the observance of which is guaranteed by the state. It was established that there are no clear criteria for belonging of the phenomenon of state-service relations to a specific group of legal norms in the modern legal system. It was established that state-official legal relations are governed by the norms of labor and administrative law according to the main criteria. It was noted that the genesis of public-service legal relations lies in the synthesis of social relations regulated by the current legislation, which are formed with the participation of the state in the personification of its bodies and relevant officials on the one hand, and civil servants - on the other, which are implemented in order to fulfill the tasks and function s of the state services. It is emphasized that state-official legal relations, including in law enforcement agencies, are a phenomenon inherent not only in the field of civil service, the main principles of which are regulated by the Law of Ukraine «On Civil Service», the process of serving in the Armed Forces of Ukraine should also be considered as such, the National Guard of Ukraine, the National Police of Ukraine, the Security Service of Ukraine, the Prosecutor's Office and other law enforcement and human rights protection bodies. [ABSTRACT FROM AUTHOR]

In the article, the authors made a thorough description of administrative and legal regulation in the field of land relations. They characterized the concepts of «regulation», «legal regulation» and «land relations». It is substantiated that land relations are one of the largest massifs of public relations regulated by legal norms, in which the absolute majority of both private and public legal entities are involved. But due to the diversity of such subjects and the differences in their legal status, the legal regulation of land relations uses methods characteristic of both civil and administrative law. In addition, within the limits of land law, the existence of its own method of legal regulation is emphasized. It was determined that «legal regulation» can be considered an institution of a general type, which includes specific characteristics that give rise to administrative and legal regulation. The formulated author's definition of «administrative-legal regulation» as a type of sectoral legal regulation, which is based on the direct effect of the norms of administrative law and is an administrative-legal instrument that affects social relations arising in the field of public administration. taking into account the peculiarities of the legislative definition of the concept of «land relations», for the purposes of scientific research it is more correct to use the term «administrative-legal regulation in the field of land relations» as opposed to the term «administrative-legal regulation of land relations». In our opinion, the term «sphere of land relations» should be understood as a set of relations, which, in addition to land relations, include relations arising in connection with the exercise of power by public administration bodies in relation to land management. The objects of these relations are land, land plots, rights to them, as well as goods and objects derived from them. «Administrative and legal regulation in the field of land legal relations» should be understood as a type of sectoral legal regulation, which is based on the direct effect of the norms of administrative, civil and land law and is a legal instrument that affects public land legal relations arising in the field of public land management affairs. [ABSTRACT FROM AUTHOR]

It is indicated that a mandatory prerequisite for a high level of fundamental scientific research on issues of administrative law, as well as the possibility of the science of administrative law to serve as a progressive theoretical and legal basis for the understanding and improvement of phenomena and processes that occur during the implementation of the norms of administrative law, is the achievement of the correct understanding of the fundamental theoretical constructions of administrative law. One of them, which is in great demand among the scientific and professional community in their activities, is the mechanism of administrative and legal regulation. This key constituent element of the conceptualcategorical apparatus of administrative law is an administrative-legal variation of the legal mechanism, ideas about which are developed within the framework of legal theory. Having regard to the views expressed by legal theorists and representatives of the science of administrative law on the essence of the mechanism of administrative legal regulation, the author came to the conclusion that the mechanism of administrative legal regulation is an ordered set of legal means, which in their interrelationship ensure the proper functioning of the state and local self-government with the aim of satisfying to the greatest extent the legitimate interests of private persons and civil society as well as of achieving other goals of administrative law in the relevant sphere of public law relations. Nevertheless, the statement that the mechanism of administrative legal regulation governs social relations seems unfounded, because it artificially narrows the structure of this type of legal mechanism to the norms of the law, while to ensure the implementation of the regulatory influence of the law, it includes other elements necessary for this. Moreover, it could be considered wrong from the point of view of formal logic to encompass the its goal by the definition of the mechanism of administrative legal regulation, because if the mechanism of administrative legal regulation itself is meant, then it is automatically aimed at realizing the goal of administrative-legal regulation, which excludes the need for its duplication in its definition. The system of legal means that form the mechanism of administrative and legal regulation includes norms of administrative law and acts of their official interpretation, administrative legal relations (including relevant legal facts and factual structures), acts of fulfillment of rights and duties in these legal relations (including, acts of application of legal norms), as well as legal awareness of participants in administrative legal relations (as an optional element). [ABSTRACT FROM AUTHOR]

State registration of civil status acts is one of the forms of public services in the field of administrative law. The public service orientation of executive authorities and local self-government bodies is a priority in the decentralization processes which are taking place in Ukraine today. The focus of the local government reform is on people, and one of the important factors of their comfort is the provision of quality administrative services. Every day, children are born in Ukraine, some get married, some get divorced, and some die. Despite all the difficulties that exist today, the service of state registration of civil status acts is the most popular among Ukrainian citizens. The armed aggression of the Russian Federation against Ukraine has made many adjustments to our everyday life and the life of the country as a whole. Despite all the challenges, the legislator is trying to facilitate bureaucratic procedures, including in the field of civil registration. The latest technologies are being actively introduced, and amendments and additions are being made to the legislation in the field of state civil registration. Despite the significant progress in civil registration legislation, some difficulties arise in practice, especially in situations of state registration of marriage or divorce when one of the spouses is a military officer, or if one of the spouses is abroad, or in the area of active hostilities, or in the temporarily occupied territories of Ukraine. Regarding the temporarily occupied territories, unfortunately, during the 10 years of armed conflict, Ukraine has not been able to simplify the procedure for legitimizing civil status acts issued in the temporarily occupied territories of Ukraine. Therefore, Ukrainian citizens must go to court to recognize facts that have legal significance. Therefore, it is necessary for the legislator to resolve the problematic issues related to state registration of civil status acts. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the content and implementation of the principles of humanism and justice in the administrative law of Ukraine in the context of Christian values. The relevance of the topic lies in the fact that these two principles are poorly understood in the science of administrative law, and that the doctrine of this science needs to be changed, given the changes associated with the war, which forced people to reconsider some of their values, their life priorities and views on the State and its importance in human life, and reinforced the need to build relations between the State and human beings based on the principles of humanism and justice. The author establishes that the principles of humanism and justice are interrelated and form the basis of the entire system of administrative law and the functioning of public relations in the field of public administration. It is summarized that justice is the initial principle of law and its essence, the basis for the rule of law. Humanism is a fundamental principle of rights and a value of a democratic society; it means humanity, love for a person, value of a person and his or her dignity, and the pursuit of his or her welfare. It is proved that the fundamental principles of law are based on love, which is the content of Christian doctrine. In the context of Christian values, the principle of justice means doing to others as you would like to be done to you. It implies the action of equality, respect, freedom, and mercy toward people. In turn, the principle of humanism in the context of Christian values means love your neighbor as yourself. It is proved that love is not only an emotion, but first and foremost an action, or an act of will. Love requires decision-making and effort. Therefore, the principles of administrative law are also an action and should be put into practice, and not just an idea. The author proposes to change some doctrinal approaches to the role of the State in relations with a person, namely, that they should be based on the principles of humanism and justice based on love, which will be the beginning of a qualitatively new role of the State and the activities of officials in relations with citizens. [ABSTRACT FROM AUTHOR]

The article examines modern approaches to determining the goals of the norms of administrative law. It was found that when institutions or sub-branches of administrative law, a separate norm of administrative law or its interaction with other norms of national law are analyzed, then in all these cases we are talking about a norm of law, which according to quantitative parameters has acquired a new “internal quality” and in relation therefore, it has changed its manifestation in the surrounding world, which, in turn, affects the goal-setting of the norms of administrative law: a) as the smallest element in the legal system; b) in synergy with other norms of the legal institution; c) in synergy with other industry standards; d) in synergy with other norms of national law. It was established that according to the target orientation of the norms of administrative law, they should be divided into five groups: 1) primary regulatory - aimed at regulating basic social relations (consolidating the rights and obligations of civil servants as participants in administrative legal relations); 2) regulatory and encouraging – aimed at maintaining law-abiding behavior in society and in a specific person (consolidation of nationwide incentive measures for education workers); 3) regulatory and protective - aimed at protecting basic legal relations from possible encroachments (consolidation of administrative offenses in the Code of Administrative Offenses); 4) regulatory-protective – aimed at protecting already violated basic legal relations (consideration of public-law disputes in the administrative court according to the requirements of the CAS of Ukraine); 5) regulatory-perspective – determine benchmarks that should be strived for, but which for various reasons remain unattainable here and now (for example, Ukraine’s integration into the European political, economic, security, and legal space). It is proposed to divide the goals of the norms of administrative law depending on the level of legal regulation (basic, sectoral, national goals and goals of legal institutes), depending on the expected results (functional and substantive goals), depending on the potential terms of their achievement (staged and non-staged purposes), depending on the scope of implementation and obtaining a useful effect (legal, non-legal and mixed purposes). [ABSTRACT FROM AUTHOR]

This Essay concerns the evolving relationship between the economy, specifically the economy of the British North America that became the United States, and the methods society deployed to legitimate, control, and channel economic behavior, especially religion and law. Using the recently published work of three eminent academics--Benjamin Friedman, Jonathan Levy, and William Novak--it addresses the changes in thought necessary to legitimate acquisitive economic behavior and the consequent centering of law as the secular replacement for religion. Having unleashed that behavior, society, yet wary of it, at least in its extreme forms, had to develop mechanisms to channel that behavior in ways that created social benefit and limit its antisocial extremes. That behavior became known as capitalism. The state had always regulated economic behavior, of course, but the purposes of regulation, and its mechanisms, changed as capitalism evolved, and as understandings of capitalism evolved in tandem with the economy itself. In the United States, that evolution was marked by a continuing attention to democratic aspirations, aspirations both political and egalitarian. As capitalism fostered wider markets, as its evolution embodied industrialism and commercialism, it created problems that the regulatory state could not handle. In America, the transition from regulatory to administrative state was complicated by its federal structure and background democratic egalitarian yearnings. Friedman, Levy, and Novak illustrate and elucidate aspects of that evolution. This Essay suggests that reading them together explains more than each separately and ends by noting how the tensions they explain usefully add to our understanding of American law, and, coincidentally, the potentially transformational administrative law decisions of the Supreme Court in the 2023-2024 term. [ABSTRACT FROM AUTHOR]

Much of the scholarship on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable and marginalized people as a result of individualized bias or arbitrariness in administration. This Article argues that, beyond idiosyncrasies or flaws in administrators themselves, the poor impact of administration on minorities emanates from institutional systems. In doing so, this Article introduces a framework of institutional oppression into the study of administration that illustrates how agencies subordinate minority interests to the ends of administrative competence and self-preservation. A healthy federal bureaucracy is sustained by administrative efforts to reduce institutional burdens, improve efficiency, conserve resources, and preserve the structures underlying the agency's power to regulate. In addition, a conventional justification for the existence of agencies is that they act on behalf of the public interest, and public interest theories of regulation prize criteria such as efficiency. Administrative actors, therefore, are motivated to pursue these values in order to maintain the administrative state. However, as this Article shows, agencies harm marginalized communities in pursuit of these institutional virtues. Put simply, agencies mistreat vulnerable people by acting as intended. Essentially, agencies that are operating as expected perpetuate systematic bias. Ironically, by prioritizing public interest values (such as efficiency), agencies may, in fact, cause harm. Arguably, this renders agencies less efficient to the extent efficiency requires not only speed and cost savings, but also good results. For example, immigration officials at the Department of Homeland Security (DHS) use arrest records to decide whom to deport, even if the targeted noncitizens were never convicted of a crime, because arrest records are inexpensive and accessible proxies for immigration data. The Federal Emergency Management Agency (FEMA) failed to evacuate tens of thousands of poor people of color in the wake of Hurricane Katrina both as a result of the systematic management of an institutional history of limited resources and due to FEMA's post 9/11 placement as a subcomponent of DHS, whose focus on national security has overwhelmed FEMA's core mandate. The Bureau of Land Management approves gas and oil leases in rural towns quickly, even though the resulting rapid labor expansion reduces the safety of Native women, because focusing on rural communities for energy project expansion allows the agency to streamline its environmental review process. This Article's prescription is for institutional redesign. First, from the top down, filtered through legislation, Congress could utilize small-scale, targeted appropriations and pointed procedural interventions to influence how agencies exercise discretion. Second, from the bottom up, the President or agencies themselves could instigate efforts to use more accurate information and more meaningful process. Third, a focus on reviving a government of small, discrete agencies could shape and constrain administrative discretion in ways that encourage agencies to rebalance their priorities in the implementation of law. [ABSTRACT FROM AUTHOR]

On June 30, 2022, judicial deference toward actions of administrative agencies took a significant hit. In West Virginia v. EPA, the Court formally recognized--for the first time--the major questions doctrine, which requires agencies to identify clear congressional authorization when claiming the authority to make decisions of vast economic and political significance. Since June 30, 2022, the Supreme Court has utilized the major questions doctrine in decisions of national importance, including topics ranging from environmental protection efforts to canceling student debt. This note offers a snapshot of how the major questions doctrine has been applied by federal courts across the country since West Virginia was decided. Beginning with the nondelegation doctrine, this note traces the rise and the beginning of the fall of congressional delegations of power to administrative agencies. This note then summarizes the major questions doctrine and shows how the doctrine has been applied by federal courts in forty-six cases since West Virginia was decided. [ABSTRACT FROM AUTHOR]

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Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the impact of implementing the general administrative procedure by adopting the Law of Ukraine “On Administrative Procedure” (LAP). It discusses the development of this law and the reasons behind the lengthy process, which spanned over 23 years. The initial doctrinal principles of this law are significantly influenced by German administrative law, which aligns Ukrainian governance and public administration standards more closely with those of the European Union. The LAP development has been shaped by various political priorities, including the State in Smartphone project, the response to the full-scale Russian invasion, and Ukraine’s EU candidate status. The article highlights the LAP’s role as a catalyst for updating and Europeanizing other fundamental aspects of Ukrainian administrative law, such as the laws on appeals and the Code of Administrative Misdemeanors, as well as sector-specific legislation, particularly in tax and customs.

This article examines the academic research school of administrative law, highlighting its importance within the scientific community. An academic school is understood as a cohesive local community of scholars united by a common idea, which forms part of the larger professional scientific community. Key features of a scientific school are outlined, including the presence of distinct research directions, which are typically defined by the scientific interests and expertise of the most influential members of the school. The origins and development of the academic research school of administrative law, founded by Professor Semyon Sevast’yanovich Studenikin, are explored. The article analyzes Studenikin’s foundational ideas that shaped this school and highlights areas of particular interest to him. A brief overview of the scientific achievements of the school’s representatives, which developed and continues to flourish at the Institute of State and Law of the Russian Academy of Sciences, is provided. Three main research areas within this scientific school are identified: theoretical, public-administrative, and the protection of citizens’ subjective rights in the field of public administration. The first two areas were developed by Professor S.S. Studenikin, while the third was pioneered by Professor M.D. Zagryatskov. The contributions of the followers of these scholars, including contemporary academics, to each of the three primary directions of the school are also discussed.

The article examines the application of the concept of legal pluralism to the interaction between the European Union (EU) administrative legal order and the administrative legal orders of associated or candidate States as part of the process of aligning national legislation with EU standards. This process involves multiple sources of integration obligations derived from the Association Agreement, accession negotiations, conditions for economic aid, administrative cooperation, and EU-funded modernization programs. The authors suggest that a pluralistic approach may provide associated or candidate States with a degree of flexibility in choosing specific scopes, models, and time frames to align their national legislation with EU laws. This can help to mitigate and offset the imbalance in States’ relations with the EU resulting from the latter’s normative dominance. At the same time, various sources can lead to conflicts between integration obligations and approaches to harmonizing national administrative rules and practices.

On the surface, it would seem that the operation of a health resort commune does not differ from the majority of local authorities in Poland that do not have health resorts in their area and its activities can be subordinated to the market law of supply and demand. It would seem that it is the health resort gminas that are particularly privileged entities, endowed by nature with unique therapeutic raw materials, unique landscape, clean air and high forest cover, and being the proverbial apple of the sovereign's (the State's) eye, they have versatile development opportunities. A health resort municipality is a municipality whose area or part thereof has been granted the status of a health resort in accordance with the procedure set out in the Act on Health Resort Treatment, Health Resorts and Areas of Health Resort Protection and on Health Resort Municipalities of 28 July 2005. A health resort is an area where spa treatment is carried out, separated for the purpose of utilising and protecting the natural medicinal resources located in its area, which has been granted the status of a health resort. It follows from these definitions that a health resort is a limited area of the territory of a municipality, carrying out a specific activity such as spa treatment.

In etymological terms, administration refers to activities performed in a permanent manner, aimed at achieving various goals and results. The Latin phrases ministrō and ministrāre mean: "to serve", "to perform" and "to manage", while the phrase minister refers to a person serving and performing. The use of the preposition ad should be interpreted in this context as directed activity - the equivalent of the Polish prefix "do", and therefore the expression ad ministro can be described as "directing" and "governing". The science of administrative law, just like the science of administration, provides that certain properties can be assigned to administration without defining it. It is such a complex phenomenon in itself that defining it is very difficult or even impossible. The same applies to individual forms of administration. Legal regulations were analyzed, including systemic ones related to the place, role and organization of public administration in Poland.

Internal audit is performed in a diverse legal and cultural environment, for organizations that differ in their goals, size, complexity and structure. Internal auditing is performed by people both inside and outside the organization. Although the aforementioned differences may affect the practice of auditing in different environments, the application of the International Standards for the Professional Practice of Internal Auditing is an essential condition for the internal auditor and internal audit to fulfill their duties. Internal control is an immanent feature of the management process. In the functional sense, it is performed by each employee, in the institutional sense by a separate internal cell. Hence, the control system consists of: internal cells in the organizational structure, internal regulations, procedures and other control mechanisms in the enterprise/unit. Internal control operates on an ongoing basis and can respond immediately to any irregularities. Financial control is a special type of internal control - it deals with finances. Internal audit comes into contact with internal control during one of the many activities it undertakes, namely the examination and evaluation of the effectiveness of the existing internal control system.

Pursuant to the provisions of the Act of August 27, 2009 on public finances, the chief accountant of a public finance sector entity is an employee to whom the manager of the entity entrusts duties and responsibilities in the scope of keeping the entity's accounting, executing cash orders, and performing preliminary control of the compliance of economic operations. and financial with the financial plan, completeness and reliability of documents regarding economic and financial operations. Therefore, entrusting the function of an accountant consists of two elements: entrusting duties and, consequently, responsibility in this respect. The chief accountant is therefore an employee of the entity. The provisions of both the Act on Public Finance, Local Government Employees and the Labor Code apply to it. Recognizing the relevant legal regulations is important when answering questions and problems related to the performance of the function of treasurer (chief accountant). The treasurer's actions are a consequence of the statutory tasks assigned to him and the function entrusted by the unit manager. The function of treasurer of a commune, district or voivodeship is an obligatory function. The head of the unit cannot entrust the tasks specified in the Public Finance Act to a functional employee other than the treasurer. Exceptions in this respect cannot lead to the transfer of financial matters to another organizational unit within the office structure.

The article focuses on the ongoing access to justice crisis in America and explores potential solutions presented during a symposium hosted by various legal organizations. Topics include the historical development of civil legal services, the impact of administrative policies on disability benefits, and the role of community advocacy in ensuring fair legal representation.

Being a systematically implemented activity of state authorities and local self-government, public administration is aimed at regulating social relations, ensuring a stable state and development of social processes in the interests of optimal functioning and development of society and the state. The norms of administrative law play an important role in this context. Through public administration, there are qualitative transformations of the methods and functions of state administration, which from abstract prescriptions of administrative law norms become means of performing the tasks of state administration in specific legal situations. On the one hand, public administration is implemented through the norms of administrative law, since it is the norms of administrative law that regulate the activities of subjects of public administration, form the basis of administration in all spheres of the life of society and the state. On the other hand, the main form of public administration is the adoption and implementation of administrative acts, which are understood as decisions or legally significant actions of an individual nature, adopted (committed) by an administrative body to resolve a specific case and aimed (directed) at the acquisition, change, termination or realization of rights and/or duties of an individual (persons). An administrative act can be issued both by a representative of public authority performing public tasks/functions and by a subject of delegated powers - a subject of public administration. At the same time, the following acts: contain legal norms that specify the norms contained in legislative acts of higher legal force, and also provide a mechanism for their implementation; define typical rules of conduct in the field of public administration; establish the organizational and legal status of public administration bodies; establish the necessary prohibitions and restrictions; grant special rights and assign special duties in the field of public administration; the conditions of interaction and coordination of activities of public administration bodies are formed; implement socio-economic programs; do not resolve cases that arose in the body, the subject of which is the regulation of the internal activity of the public administration. [ABSTRACT FROM AUTHOR]

The article is devoted to an in-depth analysis of the principle of cassation appeal in the administrative proceedings of Ukraine, its legal nature, significance, and place within the administrative law system. The author emphasizes that cassation appeal is an important component of the right to access justice, enshrined both in the Constitution of Ukraine and in international legal acts such as the Convention for the Protection of Human Rights and Fundamental Freedoms. The article examines in detail the evolution of legislation regarding cassation appeal, particularly the changes introduced in 2020 by Law of Ukraine No. 460-IX, which significantly affected the possibilities of appealing to cassation courts. Special attention is paid to the analysis of the new requirements for cassation appeals, which impose stricter conditions for filing cassation complaints. The author explores the so-called «cassation filters,» which were introduced to screen out appeals that lack significant legal merit, which on one hand reduces the workload on cassation courts, but on the other hand limits access to justice for certain categories of individuals. The article also highlights the problematic aspects of applying these filters, especially in minor cases and simplified proceedings. The practice of the European Court of Human Rights regarding cassation restrictions and their compliance with the principle of a fair trial, as enshrined in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, is analyzed. The article cites specific rulings of the European Court of Human Rights, which define the permissible limits of cassation appeal restrictions and the requirements for «cassation filters» from the perspective of international law. The study of this issue is extremely important given that legislative shortcomings may lead to an increase in applications to the European Court of Human Rights. A number of recommendations for further improving the cassation appeal mechanism are proposed, including ensuring greater transparency in determining the grounds for cassation review and guaranteeing equal access to the courts for all participants in the process. The emphasis is placed on the importance of maintaining a balance between the efficiency of the judicial system and the citizens' rights to defend their interests in court. [ABSTRACT FROM AUTHOR]

On the basis of a generalization of those dominant viewpoints on objectives of administrative law that are developed within Ukrainian administrative legal science, the author determined that they are united by the recognition of the following to be objectives of administrative law: (1) specifying and ensuring the implementation of human rights and freedoms in the public-legal sphere through the introduction of mechanisms administrative legal regulation and protection in the public administration domain; (2) determination of the standards for the exercise of public management functions by administrative authorities and the provision of administrative services by them, as well as the establishment and improvement of substantive and procedural tools for activities of administrative authorities, including the means of legal protection against violations on their part as well as mechanisms of civil control over their activities. According to the outcomes of the study of approaches to understanding of the tasks of administrative law in world scientific community, the article notes that according to the national tradition of the common law countries, which was adopted by many states that represent the civil law legal tradition, the fundamental objective of administrative law is recognized to be the determination of optimal (from the point of view of the rule of law and good governance) limits of the margin of appreciation of administrative authorities and providing private individuals with legal protection against abuse of administrative power. Moreover, it is particularly noticeable that a special emphasis is placed on guaranteeing the transparency and accountability of administrative authorities to civil society. Less important is the task of administrative law, which consists in establishing the principles, substantive rules and procedures for the performance of administrative functions by government authorities, as well as the accumulation in administrative practice and judicial case-law of the potential for increasing the effectiveness of administrative law. [ABSTRACT FROM AUTHOR]

The article is devoted to issues of the content of the principles of the administrative process in modern administrative law. Attention is drawn to the fact that the study of the principles of the administrative process is extremely relevant for ensuring effective public administration. It is noted that the principles of the administrative process are the foundation on which the activities of executive authorities, local governments, and other state bodies are based. They define the framework and standards that public authorities must adhere to when making decisions and performing administrative functions and obligations. It is concluded that the study of these principles allows identifying problematic aspects and suggesting ways of their improvement, which contributes to increasing the efficiency of public administration. It is suggested that the principles of the administrative process should be understood as the main guiding ideas and provisions that determine the order and rules of administrative proceedings, regulate relationships between subjects of the administrative process, ensure fairness, efficiency and legality of administrative actions and decisions. It is proved that the principles serve as the basis for the formation, functioning and development of administrative law, help to avoid abuse of power and ensure the protection of the rights and freedoms of citizens. Attention is drawn to the fact that the conceptual significance of the principles of the administrative process lies in the fact that they determine the basic principles and guidelines for the construction and functioning of the administrative-procedural activity of public authorities. This means that the principles of the administrative process not only regulate specific procedures and actions, but also form a general concept of justice and management practice in the administrative sphere. It is substantiated that these principles together create a holistic concept of the administrative process and act in interaction with each other, ensuring a balance between the interests of the state and the rights of citizens, which contributes to effective management and increases trust in state institutions. [ABSTRACT FROM AUTHOR]

This article examines the concepts and types of legal entities under public law in German doctrine and legislation. The legal status of public legal entities is regulated by the provisions of the German Constitution, the German Civil Code, the Law on Administrative Procedures, the Law «On the Procedure for Consideration of Cases Under the Management of Administrative Bodies», the Law «On Administrative Courts». The author examines the issue of determining the criteria for the classification of legal entities, so legal entities under public law are created in an executive order, act to satisfy the public or public interest, have authority, operate in organizational and legal forms of an open type, are responsible for the activities of their officials, legal the regime of property has certain features, in particular, such property can be transferred for use by legal entities under public law. As a rule, legal entities under public law have a special scope of legal capacity, unlike legal entities under private law, in this regard, the article analyzes the doctrine of ultra vires. The author examines the procedure for creating legal entities under public law in Germany, the types of organizational and legal forms of legal entities under public law that carry out their activities in the form of a public corporation, public institution, public fund. The article considers the sources of property formation of legal entities under public law, in particular, it can be income from entrepreneurial activity, budget funds, contributions of members of public corporations, donations (for example, the German State Bank, the German Chamber of Commerce and Industry, the Prussian Cultural Heritage Fund). The article considers four types of public corporations: territorial, united, personal, real. A feature of the activity of public corporations in Germany is the presence of membership, unlike public institutions. [ABSTRACT FROM AUTHOR]

In the article, the author considers issues related to the legal status of legal entities under public law in France. The legal status of legal entities under public law is regulated by the Constitution of France, special legislation in the field of administrative law. The article analyzes the criteria for distinguishing legal entities into legal entities of private and public law, developed by the judicial practice of French courts. In the article, the author examines the types of legal entities of French public law, in particular, the latter include: the state, territorial entities, public institutions. The article examines the legal nature and types of public service, which is carried out in the field of defense, transport, and industry management. The article defines a public service, as a rule, the specified services do not have the status of a legal entity, the specified status belongs to the state that creates these services. The author researches public institutions of France that belong to legal entities under public law. The article defines the concept of a public institution, classifies public institutions according to various criteria, and defines the organizational structure of these institutions. A variety of public institutions is industrial and commercial in nature. The author examines the historical aspects of the emergence and development of this type of institution. The article examines the characteristics of a public institution, in particular, the following characteristics are distinguished: 1) it is a legal entity under public law; 2) has a socially beneficial purpose; 3) is under the supervision (guardianship) of the state can be fully applied to the legal regulation of public benefit institutions, which also have the status of a legal entity, pursue a socially beneficial goal, and are under the supervision (guardianship) of the state. The article examines the legal nature of associations of persons of liberal professions (lawyers, attorneys, notaries, doctors, pharmacists, veterinarians, and others). The article examines the judicial practice of French courts on issues of compensation for damage caused by the activities of a state institution. The author examines and investigates issues of the legal regime of property of legal entities under public law. [ABSTRACT FROM AUTHOR]

Today, it is appropriate to talk about cooperation between Ukraine and EU member states in matters that are functional for their legal systems. The first is the protection of the rights and freedoms of citizens; providing asylum to refugees from other countries; adaptation of legislation on the regulation of relations in the field of migration, both legal and illegal; fight against illegal employment; and others. It was found that the administrative law of Ukraine is developing in complex political-economic and sociallegal conditions. Therefore, the use of European experience in the field of administrative and legal regulation of social relations in Ukraine should not imply mindless copying, which can negatively affect society and the state. The topic of the research should be the creation of national methodological recommendations on quality indicators of individual branches of law in accordance with the quality standards of legislation and law of the countries of the European Union. The introduction of European approaches to the regulation of social relations at the administrative and legal level in Ukraine must be balanced and adapted so that there is no negative impact on the development of society and the process of state formation. At the same time, the comparative legal study and rational use of foreign experience in the development of administrative law allows to significantly expand the so-called "legal field", enriching it with the experience of foreign countries. The current conditions for the development of administrative law in Ukraine depend on globalization, which affects all spheres of life, affecting the development of unified legal values and democratic principles of European administrative law, and the national administrative law system of individual European countries. In fact, there are two parties of subjects endowed with the corresponding rights and obligations in the field of administrative-legal relations. [ABSTRACT FROM AUTHOR]

This scientific article explores the issue of procedural form as a crucial category in the context of administrative law and contemporary judicial proceedings. The essence and role of the procedural form in resolving administrative disputes and establishing the rights and obligations of process participants are examined. The article highlights the historical development of the concept of «procedural form» in administrative law and analyzes current trends in its definition and application. Special attention is given to the impact of this category on ensuring justice and the efficiency of administrative justice. The research also focuses on practical aspects of applying the procedural form in the field of administrative law, considering the importance of ensuring access to justice and timely case resolution. Specific recommendations are proposed for improving legislation and practices in administrative proceedings, taking into account the studied aspects of procedural form. The obtained results can be valuable for scholars, practitioners, and legislators interested in issues of administrative law and procedure. Additionally, the article explores the correlation between procedural form and key principles of administrative justice, such as the principles of legality, rights and freedoms of citizens, transparency, and openness of judicial proceedings. In the context of current socio-cultural and technological changes, it is necessary to analyze the impact of innovative approaches to judicial proceedings on procedural form and the efficiency of administrative justice. The article considers not only theoretical aspects but also practical issues related to the development and improvement of procedural legislation in administrative law. Possible obstacles and challenges in implementing modern approaches to procedural form are discussed, along with suggested strategies to overcome them. This article serves as a significant contribution to the development of scientific discourse on administrative justice and procedure, presenting new ideas and concepts that can be used for further research in this field. [ABSTRACT FROM AUTHOR]

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This article critically analyzes the ethical and legal implications of adopting predictive analytics by the French administrative justice system. It raises a key question: Is it wise to integrate artificial intelligence into the administrative justice system, considering its potential benefits, despite the associated risks, ethical dilemmas, and legal challenges? The research employs a method based on an extensive literature review, a qualitative analysis of the adoption by the French administrative justice of predictive analytics tools, and a critical evaluation of the benefits and issues these tools bring. The study finds that AI can make the administrative justice system more efficient, reduce backlogs, and enhance the consistency and predictability of judicial decisions. However, the study also identifies important risks and serious ethical and legal issues associated with integrating AI tools into the justice system. Especially, AI utilization can lead to the dehumanization of justice and poses real risks to the independence and impartiality of justice. While AI can offer significant benefits to all the stakeholders of the administrative justice system, its integration must be approached with caution. A progressive and responsible approach to AI adoption is necessary to avoid compromising judicial integrity and upholding fundamental justice values. [ABSTRACT FROM AUTHOR]

The Faculty of Law at the University of Montevideo has been recognized as a teaching center of the University of London for the Commercial Law Diploma. The first generation of students has successfully passed the first subject of the diploma, and several students from the second cohort have been accepted to start their studies next year. Additionally, the experience of two students who participated in an exchange program at Delaware Law School is highlighted, where they expanded their knowledge from various perspectives. The publication of a book by Professor Santiago Pereira Campos on judicial independence worldwide is also mentioned. The Faculty of Law at the University of Montevideo organized an international colloquium on Procedural Law, Innovation, and Justice, which was attended by national experts and experts from Brazil. Conferences on the challenges of the Uruguayan criminal justice system and the third Administrative Law conference were also held. [Extracted from the article]

The article is devoted to current trends in the development of scientific provisions regarding administrative-legal disputes in the field of administrative justice. The relevance of the study is due to the importance of administrative and legal disputes regarding the provision of human rights and fundamental freedoms. It is indicated that the methodological basis of the research is determined by the object and subject and includes philosophical, general and special scientific methods: dialectical, historical, comparative-legal, formal-logical, methods of analysis and synthesis. The system of used methods of cognition was aimed at solving the tasks and achieving the goal of scientific work. The object of the research is social relations regulated by law, which arise in connection with the interaction of state authorities and local self-government, other bodies that implement public functions with natural and legal entities regarding the adoption of individual or normative administrative acts. The subject of the study is the norms of Ukrainian and foreign legislation on administrative-legal disputes, the practice of application by administrative bodies and courts, doctrinal sources of administrative law, official analytical materials. It was noted that the activities of public authorities, despite the adoption of the Law of Ukraine «On Administrative Procedure» and a large number of secondary legal acts, did not receive a modern legislative foundation in public law. Formation of a single and consistent adequate socio-economic and legal theory of administrative justice, improvement of legal regulation of relevant relations is one of the important problems of public law. It was emphasized that the judicial system faces uncertainty in the public sphere of conflict relations It was determined that in the context of European integration, the issue of understanding administrative-legal disputes in the Western European doctrine is of interest. The study made it possible to clarify the content of the category of administrative-legal dispute regarding the procedural part and in the context of administrative discretion. [ABSTRACT FROM AUTHOR]

The article examines special principles of administrative procedure. On the basis of a comprehensive system analysis of the official legislation and regulations of the member states of the European Union (Federal Republic of Germany, Estonia, Switzerland), an analysis of the changes in special principles of administration new procedures and prescribed in official administrative legislation. It is noted that in the administrative-legal science the concepts of the principles of administrative-procedural law have not been formally formed. This is the reason for the emergence of a debate about its shift and replacement, the role of the subordinate subdivision of administrative law. Therefore, there is a pressing need to investigate the concept that is basic to Galatian science of administrative law. The approaches to the classification of special principles of the administrative procedure are reviewed and the classification is based on power. The state's activity is directed towards the process of European integration. This raised the obvious need to bring the legal system up to European standards. This transfers the reform of the law of administrative and administrative-procedural law. It has become more important to reconsider the principles of interaction between public administration and individuals and legal entities, which is reflected in administrative and procedural activities. The following principles are enshrined in the Law of Ukraine "On Administrative Procedure": the rule of law, legality, fairness of participants in the administrative procedure before the law, publicity, efficiency, immediacy and lack of priority found the effectiveness of the management activities of public authorities and local authorities and gave the ability to citizens to exercise their rights and freedoms. At the same time, the presence of special principles of the administrative procedure does not contribute to the effectiveness of the government's government, the security of rights and freedoms. Regardless of any different approaches to classification, it is wise to divide these principles into two groups: organizational and functional (axiological) principles. [ABSTRACT FROM AUTHOR]

It is indicated that changes in the approaches and principles of administrative law have affected almost all parts of this branch of law. And administrative contracts in this matter are no exception. Until recently, it was believed that the contractual instrument in legal relations is inherent mainly to private law, where the parties are equal and can negotiate accordingly, and the agreements reached are recorded in contracts. The sphere of public law, where parties are equal and contracts are traditionally concluded, is the sphere of international law and interstate relations. Subordinate administrative relations did not belong to such and were not considered as the scope of possible application of contractual instruments. The article examines important issues of the essence and characteristics of administrative contracts, the requirements that are put forward to them, which are important in the process of developing scientific positions for their proper regulatory regulation. It has been established that the following can be attributed to the signs of administrative contracts: at least one of the subjects of the conclusion of the administrative contract must be a subject of authority; the administrative contract is based on the agreement of the parties; the subject of the contract is the mutual rights and obligations of its participants in the public legal sphere; an administrative contract is concluded on the basis of the law, but there is no formal requirement for the name of the administrative contract, it can be a contract, agreement, protocol, memorandum or another name. The article also substantiates that administrative contracts can be both normative and individual in terms of legal properties. The insufficiency of regulatory regulation creates difficulties in distinguishing administrative contracts from other types. However, the main feature for distinguishing administrative contracts from other types of contracts is the nature of the legal relationship, that is, the subject of the contract itself. An administrative contract is a legal act that defines the mutual rights and obligations of its participants in the administrative-legal sphere, that is, the sphere regulated by the norms of the administrative, and not by other branches of law. It was determined that in the absence of special legislation on administrative contracts, the general requirements of private law and the requirements of administrative law regarding competence, form, content and procedure are applied to them. The requirements dictated by provisions of administrative law include the following: limited competence; written form, features of the choice of the contracting party. [ABSTRACT FROM AUTHOR]

The article examines the functions of the norms of administrative law, which are presented in the modern theory of administrative law. It has been established that one of the key components of the goal-setting mechanism are the functions of the norms of administrative law. It has been found that over the past ten years, the functions of administrative law and the functions of administrative law norms have become the subject of research in many complex works, however, in the doctrine of administrative law, unified approaches regarding the definition of the content and classification of the functions of administrative law norms have not been formed. It is emphasized that the study of legal norms is limited to several blocks of questions: a) comparative characteristics of legal norms with other social rules of behavior; b) analysis of the structural elements of the legal norm with an indication of the peculiarities of the interaction between hypotheses, dispositions and sanctions; c) determination of the features of the rule of law, which allows for the formulation of an appropriate definition; d) classification of legal norms. Meanwhile, the content and classification of the functions of the norms of administrative law remain little-researched issues in the science of administrative law, which require special attention from lawyers, especially from the standpoint of the mutual influence and interrelationship of the functions of all elements of the national law system and the goal-setting of the norms of administrative law. It has been established that law is a systemic phenomenon, and therefore every element of this system affects its functionality. Therefore, it is possible to enrich and deepen the scientific understanding of the functions of law only through a systematic analysis of manifestations of law at the primary level (norm of law), at the level of legal institutions, at the level of branches of law, etc. Each level may have its own functional features, which are not always taken into account during the general characterization of law as one of the types of social rules of behavior. It was concluded that the functions of the norms of administrative law are the purposeful influence of the norms of administrative law on social relations, which is ensured by the appropriate set of legal means, and its effectiveness by comparing the obtained result with the goals set before the norm of administrative law. It was found that the following functions are basic for the norms of administrative law: 1) orientation function; 2) evaluation function; 3) target function; 4) motivational function. [ABSTRACT FROM AUTHOR]

The article reflects the requirements for the justification of extraordinary measures adopted pursuant to Act No. 94/2021 Sb. (the so-called Pandemic Act), which result from the case law of the Supreme Administrative Court of the Czech Republic. In addition to the requirements for the justification of extraordinary measures, a detailed analysis of all decisions of the Supreme Administrative Court concerning the relevant topic identifies the most important specific errors in the justification of extraordinary measures, as well as the limits of the justification of extraordinary measures, i.e. exceptions to the obligation to justify a specific legal regulation. The identified requirements and limits of the justification of extraordinary measures point to a balanced approach of the Supreme Administrative Court, which does not intend to substitute its decisions for the expert decisions of the primary decision-maker in emergency situations, but at the same time does not give up its role as a body reviewing general measures, even in a situation of uncertainty and changing conditions that accompanied the COVID-19 pandemic. On the basis of the requirements, limitations and specific errors identified in the justification of extraordinary measures adopted under the Pandemic Act, the article draws more general conclusions concerning the justification of acts of a public authority adopted during states of emergency, even outside the legislative framework of the Pandemic Act. [ABSTRACT FROM AUTHOR]

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