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Election administrative violations occur at the time of the implementation of the general election by election organizers and contestants. Sometimes, they do not realize that they have committed a violation. Since the general election during the reformation period after the fall of the New Order in Indonesia, there have been frequent violations of election administration resolved through administrative courts through the State Administrative Court. The dispute resolution was carried out after complaints were made through Bawaslu and DKPP as administrative dispute resolution (ADR) institutions and did not bring results. This administrative violation is considered detrimental to the candidate contesting the election, causing a dispute between the candidate contesting the election and the organizers of the general election. This article examines the process of resolving electoral administrative disputes in Indonesia and the judiciary's role in resolving electoral administrative disputes. Several examples of cases of election administration violations that occurred and their causes obtained through empirical studies using the technique of documenting judges' decisions that have permanent legal force at the Supreme Court of the Republic of Indonesia were analyzed using inductive logic.

An administrative claim is one of the main institutions of administrative justice. To understand the institution of an administrative claim as a complex legal structure covering the right of a person to apply to an administrative court with a request, it is necessary to clarify the concept, legal nature, types of administrative claim. The purpose of the article is the theoretical and legal characteristics of the categories of the institution of administrative proceedings, the definition of the concept, the definition of the essence and structure of an administrative claim, the criterion for its classification, making proposals aimed at improving the Code of Administrative Procedure of Ukraine. The methodological basis of the research is a combination of general scientific and special methods of cognition. The research is based on the dialectical method of scientific cognition of the phenomena of reality in their development and interrelation. The achievement of certain research objectives led to the use of such methods as: the historical and legal method – when analyzing claims in administrative proceedings, the system analysis method made it possible to consider an administrative claim as a single system with its own structure and dynamics of development. The methods of analysis and synthesis, structural-functional, synergetic and other methods were also used, which made it possible to comprehensively explore the problematic aspects of understanding the institution of administrative claims. An administrative claim is understood as a material claim of the plaintiff for the protection of rights, freedoms and interests in public law relations, addressed to an administrative court. Various approaches to the classification of administrative requirements depending on the content are described. The internal structure of the administrative claim is described, in connection with which the provisions of the legislation are analyzed. The substantive and procedural aspects of the claim are highlighted. Analyzes the legal requirements for an administrative claim. It is noted that within the framework of administrative legislation, in particular in the Code of Administrative Procedure of Ukraine, the types of administrative requirements are not directly defined. It has been established that at the scientific and theoretical level, the main criteria for the classification of administrative claims are: the subject of an administrative claim, a method of procedural protection, a method of achieving procedural goals, the nature of material legal relations. The main tasks that an administrative claim solves as a procedural means of protecting rights, freedoms and interests in the field of public relations are determined.

The study examines the mechanism of real estate taxation. The current state of their functioning in Ukraine is analysed in detail. Problems of legal and regulatory nature are also investigated. The main features that characterize this tax, both in Ukrainian and Polish legislation, are also described. In addition the feasibility of reforming the tax base in the Ukrainian legislation is analyzed. Analyzed the experience of foreign countries, and held a parallel to the functioning of the tax in Poland, as an example, one of Europe’s economically developed countries. This article focuses on tax on immovable property. The introduction of real estate tax in Ukraine has followed a difficult path. The authors emphasize that development, and global development, is not possible without the socio-economic development of the country. In the authors’ view, development must begin in the cities, namely with the effective formation of local budgets. Because the financial resources of the cities have a direct influence on the solution of social and economic problems. The problem of deficiency of financial resources of cities, is a frequent problem on the territory of Ukraine. Therefore, we consider it necessary to pay attention to the European practice of countries that have a rational approach to the redistribution of income, with the help of certain tax rates, or by applying the benefits provided by the legislation. Statistical data shows that property tax has been introduced in about 130 coun-tries, thereby providing a significant part of budget revenues. The study is written using the descriptive method on the basis of administrative court jurisprudence and tax law literature.

The village head has an urgent function in development, empowering village communities. As a village head, as a public office, the decisions taken must comply with legality, the principle of protection of human rights, and the general principles of good governance. The fact is, the village government's problems do not always run smoothly because they get rejection and resistance from the community. The refusal and resistance, even to the point of legal issues or resolved through reporting. One of the cases occurred in the Berora Village administration, Lapok District, Sumbawa Regency, in the form of a decision by the Village Head to dismiss four Regional Heads. The above case basically will not happen if the principles of legal certainty and orderly administration of government according to the Sumbawa Regency Regulation Number 3 of 2015 can be carried out correctly. Researchers made in-depth observations of the subjects involved, starting from the Village Head, Hamlet Head, BPD Desa Berora, Camat Lapok, and possibly an in-depth investigation of the regional regulations themselves through the Sumbawa Regency law bureau. The results showed that the Dispute on the dismissal of the Village Apparatus by the Village Head of Berora resolves through two media, namely Administrative Efforts and the Mataram State Administrative Court. The decision has given through administrative efforts (Camat, strengthened by the Head of the Village Community Empowerment Service and the Regional People's Representative Council through Commission one decided that the dismissal of the Berora Village Apparatus must be annual.

Based on the theory of path dependence, we show that legal tradition affects the administrative court’s rulings. It also complements the two other reasons for diversified verdicts: the experience of the judges and courts (specialization) and preference (bias) for one of the parties. This effect is persistent even if the verdicts are controversial and result in serious consequences for a party and when the penalty paid by the complainant is perceived as excessive but fulfilling the strict rules of law. We prove that judicial decision making is a function of path dependency stemming from a legal tradition of the court. To confirm this, logistic regression is applied to a sample of 337 erroneous excise duty documentation cases of heating oil sales from all sixteen provincial administrative courts in Poland. Increasing the specialization of judges and having them exchange experiences may be a remedy for the unjustified adjudication differences.

In the Act of 8 July 2005 on the Exercise of the Right to Compensation for Real Property Left Beyond the Present Borders of the Republic of Poland, there is no clear definition of the date that should be taken into account for the purpose of determining whether one meets the premise of being the holder of the ownership title to the left real property. Moreover, judicial practice also lacks a uniform answer to the question whether such owner of the real property left beyond the borders should provide the proof of title to that property as at the date of the outbreak of the Second World War, i.e. on 1 September 1939, or as at the exact date of departing from that territory. In the commented judgement, the court found that persons who were not the holders of the ownership title to the property as at 1 September 1939, but who later became property owners and, at the same time, met the other statutory conditions, are entitled to the Bug River compensation.

The article is devoted to showing the origin and operations of the so-called Istriebitielne Battalions (IB): destruction battalions which functioned as military formations in the territory of Volhynia and Eastern Galicia, and as an auxiliary service of the Red Army — often commanded by officers of the totalitarian NKVD — fought against units of the Organization of Ukrainian Nationalists — Bandera faction and the Ukrainian Insurgent Army. The main ideologist of the OUN, Dmytro Dontsov, was fascinated by the fascist ideology emerging in Europe, thus following his ideologist and with its development the OUN and its largest group — Banderaʼs faction (OUN-B) evolved into a fascist one. The head of the OUN military department, Mychajlo Kolodzinśkyj, after leaving prison in the Second Polish Republic, was also sent by the OUN to fascist Italy, where Benito Mussolini agreed to set up training camps for Ukrainian nationalists as well as for the Croatian Ustasha. There, creating a Ukrainian war doctrine, he predicted a bloody crackdown against Poles, Jews, and Russians. These predictions came true during the Second World War, and the tragic events in Volhynia and Eastern Galicia described in the article meet the Lemkinian definition of genocide as found in the Convention on the Prevention and Punishment of the Crime of Genocide adopted by the UN General Assembly on 9 December 1948. The article will not discuss the activities of the Istriebitielne Battalions in Lithuania and Belarus, because their operations were fundamentally different. They did not usually defend the Polish population, but were directed mainly against the pro-independence underground, assisting the totalitarian NKVD. The second part of the paper is an analysis from the perspective of legal dogmatics of the Polish courts’ jurisprudence in the matter of granting war veteran status to people who served in the described formation. According to the current law, the participation of Polish citizens in the Istriebitielne Battalions, in the former Polish territories of the voivodeships of Lviv, Stanislaw, Tarnopol, and Volhynia in the years 1944–1945, in defence of the Polish population against Ukrainian nationalists, constitutes veteran activity. However, after the year 1989 this was not so obvious. The Head of the Office for War Veterans consistently took the position that under art. 21 (2)–(3) of the Law on War Veterans, a person who served in totalitarian NKVD formations or other repressive organs of the USSR, acting against the Polish Nation and State, is not entitled to war veteran privileges. In the jurisprudence of the Supreme Administrative Court, there was also a large discrepancy in the applicability of the Law on War Veterans provisions concerning participation in combat as a part of the Istriebitielne Battalions. Therefore, due to the complexity of the problem, it seems most justified to analyse this procedure from a historical and jurisprudential point of view.

The role of the judiciary, law enforcement officials in the resolution of disputes is important. The number of disputes is increased, many authorities in Indonesia produce multiple decisions with conflicting legal force making it difficult to execute. The purpose of the study was to find the standardization of competency of law enforcement officials, the relationship between the professionalism of law enforcement officials and legal certainty in the settlement of land disputes as mandated by Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law Number 5/1960. Settlement of land disputes is achieved through the General Court and the Administrative Court. The existence of regulations regarding competency standards for law enforcement officials who handle land disputes for the sake of fair settlement of land disputes and legal certainty.

The article analyses and assesses the line of judicial decisions of the Supreme Administrative Court regarding a temporary seizure of an animal from its owner or guardian following a breach of the obligation to treat it humanely. The article also analyses the legal status that social organisations, the statutory aim of which is the protection of animals, has in administrative proceedings. Next, the author presents the characteristics of resolutions of municipal councils on the municipal programme of care for homeless animals and prevention of animal homelessness, which in the court judicial decisions are classified as local legal enactment. Finally, the article presents the line of judicial decisions concerning the relation between a resolution introducing a by-law on maintaining cleanliness and order in a municipality and the requirements of animal protection set out in the Act of 21 August 1997 on the protection of animals.

The thesis of the commented judgement concerns issues which are significant in the practice of examining an application in the course of administrative court proceedings regarding a request for reinstatement of the deadline. The first is a need to settle the beginning of the term for submitting such a request, the second – the method of examining the application for reinstatement of the deadline in the event of the impossibility to determine whether the deadline for its submission has been met. In the jurisprudence, it is consonantly assumed that the formal condition of an application for the reinstatement of the deadline is that the circumstances justifying the admissibility of the application are plausible due to the observance of the one-week deadline for its submission from the date of expiration of the cause of the deadline failure. According to Art. 49 § 1 of the Act of 30 August 2002 – Law on proceedings before administrative courts, if the letter of a party cannot receive the correct course due to failure to observe formal conditions, the chairman shall request the party to supplement or correct it within seven days under pain of leaving the letter unprocessed. The Supreme Administrative Court reasonably decided that if the content of the application cannot infer an exact moment in which the cause of the deadline failure ceased to exist, it should be examined on the merits. Equally, there are no grounds for rejecting the application as belated, based on Art. 88 of the Law on proceedings before administrative courts, because the fact of submitting the application after the deadline cannot be presumed.

This article is conceptual in nature and addresses the application of the rules on the participation of participants in administrative court proceedings. The main thesis of the paper is based on the statement that a person who, as a party to administrative proceedings, was notified, pursuant to Art. 49a of the Administrative Procedure Code, of the activities of an authority by public announcement, may become a participant in administrative court proceedings after fulfilling the condition specified in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The subsidiary thesis is that reasons of procedural efficiency require the adoption of such a limitation of the rights of the designated entities that will not infringe the essence of their right to a court and will not impede the exercise of that right by the parties and other participants to the proceedings. The purpose of this paper is to provide that Art. 49a of the Code of Administrative Procedure is one of the “special provisions” referred to in Art. 33 § 1a of the Law on Administrative Courts Proceedings. The reasoning adopted is based on the assumption that the interpretation of the above provisions should take into account both the requirements arising from the right of access to court and the right to be heard without unreasonable delay and the need to minimise the costs of proceedings. The described issue, based on national research, is of significant importance for practice and have not yet been discussed in more detail in the doctrine.

The purpose of the article/hypothesis: The presented article focuses on a new resolution of the Supreme Administrative Court I FPS 1/21. In this resolution an assessment of instrumental initiation of criminal fiscal proceedings in order to suspend the running of the limitation period of a tax liability has been undertaken. The Supreme Administrative Court assessed that administrative courts have the right to examine the legitimacy of initiation of such proceedings. This position is important insofar as it also touches upon the issue of the right to a fair trial, as well as the right to property and legal certainty. The main aim of this article is to check the impact of this resolution on described fundamental rights.Methodology: This article will use the comparative law method. Especially the case law of different courts will be shown. The dogmatic-legal method will also be used as an auxiliary.Results of the research: This resolution is crucial for the fundamental right for fail trial. It has also impact on the right to property and principle of legal certainity. It may also be some element that strengthens the rule of law. The purpose of the article/hypothesis: The presented article focuses on a new resolution of the Supreme Administrative Court I FPS 1/21. In this resolution an assessment of instrumental initiation of criminal fiscal proceedings in order to suspend the running of the limitation period of a tax liability has been undertaken. The Supreme Administrative Court assessed that administrative courts have the right to examine the legitimacy of initiation of such proceedings. This position is important insofar as it also touches upon the issue of the right to a fair trial, as well as the right to property and legal certainty. The main aim of this article is to check the impact of this resolution on described fundamental rights.Methodology: This article will use the comparative law method. Especially the case law of different courts will be shown. The dogmatic-legal method will also be used as an auxiliary.Results of the research: This resolution is crucial for the fundamental right for fail trial. It has also impact on the right to property and principle of legal certainity. It may also be some element that strengthens the rule of law.

One of the key principles of administrative justice - the rule of law, is analyzed in this article. In other words, the article is devoted to a generalized study of legislation and scientific sources to identify the meaning of the principle of the rule of law as a universal principle of administrative justice. It`s role in the administrative process is outlined. It was noted that this principle is reflected and consolidated not only in the provisions of the Code of Administrative Procedure of Ukraine, but also in other regulations. The different opinions of scientists on the understanding of the principle of the rule of law are analyzed. On the basis of various approaches and identification of different aspects of understanding of the principle of the rule of law in the scientific literature, voicing positions on the impossibility of a thorough definition of its essence, the complexity and complexity of its essence. In accordance with the principle of the rule of law, the law and its norms incorporated in the current legislation are the main regulating factor of social relations, including administrative and procedural ones. The work examines the elements of the rule of law, which are defined as mandatory in accordance with the provisions of the European Commission’s Doha «For Democracy through Law». At the same time, the principle of the rule of law is not exhausted only by these requirements and characteristics, as they are constantly evolving and complementing, and the conditions for their observance are also changing.Based on the analysis of the positions of scholars on the content of the rule of law, it was concluded that the principle of the rule of law is a universal and integral principle of administrative proceedings. According to the au-thors, the principle of the rule of law in administrative proceedings provides for the administration of justice with respect for constitutional rights, freedoms and legitimate interests of man and citizen, in order to protect them from wrongful violation and only in accordance with the Constitution and other laws of Ukraine. If the administrative court applies the provisions of legislative or other regulations that unfairly restrict or violate the rights, freedoms and legitimate interests of the person, or if they are interpreted in this way, the decision rendered in such a case must be declared invalid.

The purpose of this research is to determine the nature, types, and execution of administrative court decisions, as well as the position of the Prosecutor's office in the Indonesian legal system. This research also examines the legal consequences for officials that do not adhere to administrative court decisions. This is prescriptive legal research and descriptive normative legal research, comprising a statute and case approach, with data collected from primary and secondary legal materials. Firstly, the results showed that the nature of administrative court decisions is erga omnes. The types of administrative court decisions are before and after the dispute subject examination. Furthermore, the execution consists of the obligation to revoke the state administrative decisions, issue new laws due to the petition for negative or positive fictitious choices, and the imposition of compensation and rehabilitation in employment disputes. Secondly, the position of the Prosecutor was categorized into executive power. Thirdly, state administrative officials are obliged to implement administrative court decisions. To not implementing the administrative court decision is a violation of the principle of legality. Legal consequences for government officials that do not subject to and are disobedient to the administrative court decision with legal force should still be imposed administrative sanctions by their superiors.Keywords: Administrative Sanctions; Administrative Court; Prosecutor’s Office.

In order to support land registration in accordance with the rule of law, it is necessary to take legal action that can be useful for people who want to transfer names to land transactions such as buying and selling grants and others, so as to provide legal certainty in society, and the names of people. which has obtained land can be listed in the certificate, one of the changes in the name of the land certificate can occur due to a court decision, where the applicant can request the court to order the Land Office to change the name of the applicant, therefore it is necessary to see how the mechanism of transfer of name is court ruling. In this study, the formulation of the problem is formulated, namely: 1. How is the process of changing the name of the certificate of title to land based on the judge's decision in the Indragiri Hulu district, Riau province, case study number: 42/Pdt.G/2017/PN.Rgt? 2. What is the Mechanism of Registering Land Rights Based on the Judge's Court Decision? The theory used in this research is the theory of legal certainty and the theory of authority. The method used in this thesis is a normative juridical approach, the data sources are primary, secondary and tertiary legal materials. The results of the research obtained are that the procedure for the transfer of title to ownership certificates 42/Pdt.G/2017/PN.Rgt at the Land Agency Office of Indradiri Regency, namely: takes 20 days. The mechanism for registering land rights based on court decisions, in this case district court decisions, is more casuistic in nature and depends on the court's decision itself. The interpretation of the competent authority is needed in making decisions regarding the determination of procedures (Issuance, Transfer and/or cancellation of rights) and the legal basis used (PP No. 24 of 1997 or Regulation of the Head of BPN No. 3 of 2011) to carry out land registration based on the court's decision , while the registration of land rights based on the Decision of the State Administrative Court is simpler and more focused than the registration of land based on the Decision of the District Court (Civil).

The article analyzes the illegal dismissal of a public official from his position as a basis for applying for protection to an administrative court. It has been established that public service is an attribute of any civilized state. It is necessary for the functioning of society in a normal (that is, effective, planned, calm and productive) mode, because most of the issues that are decided by public administration bodies require close communication with society, its representatives and individual individuals. Attention is drawn to the fact that the quality and efficiency of public administration depends not only on the level of legal support for the activities of state bodies and local self-government bodies, but also on the filling of these bodies with professional personnel. Therefore, the legislation of Ukraine establishes, firstly, the grounds for the dismissal of a public official from his position, secondly, the procedure for legalization of the decision on dismissal, thirdly, the requirements for the evidence base of the employee’s incompetence or dishonesty; fourthly, the mechanism for appeal by a public servant against the decision to dismiss him. It is noted that the facts of constant appeals of persons to the administrative court on the issue of their illegal dismissal from public service positions indicate that this issue, being a subject of labor law, was almost not investigated within the scope of the science of administrative law and process. It was found that a public servant can appeal the decision to dismiss him in court if he considers such a decision to be illegal. In this regard, there is a need to define in the science of administrative law the criteria for distinguishing between “legal” and “illegal” decisions to dismiss an employee from a public service position. It is noted that the legality of the decision to dismiss a public servant is ensured by the provisions of the national legislation on public service, while the illegality of such a decision is derived intellectually based on the analysis of the provisions of the law. It has been proven that most of the grounds for disciplinary responsibility of civil servants in the form of dismissal from office are characterized by the presence of the following shortcomings: 1) are presented in the Law “On Civil Service” as a complex of numerous smaller grounds (for example, violation of the Oath of a civil servant); 2) formulated in violation of the doctrine on the composition of the offense, and therefore require interpretation both by official structures and by scientists; 3) take into account internal state factors and ignore external state factors affecting the illegal behavior of a civil servant; 4) are used in state administration as means of manipulation and development of a totalitarian system of governance; 5) do not take into account the principle of proportionality of the size of the sanction and the social harmfulness of the illegal act. All this can be the basis for numerous appeals of persons to the administrative court to challenge the decision on their illegal dismissal from the position of a civil servant., У статті здійснено аналіз незаконного звільнення публічного службовця з посади як підстави звернення за захистом до адміністративного суду. Доведено, що більшість підстав дисциплінарної відповідальності державних службовців у вигляді звільнення з посади характеризуються наявністю наступних недоліків: 1) представлені в Законі України «Про державну службу» як комплекс чисельних менших підстав (наприклад, порушення Присяги державного службовця); 2) сформульовані з порушенням вчення про склад правопорушення, а тому потребують тлумачення як з боку офіційних структур, так і з боку науковців; 3) враховують внутрішньодержавні і ігнорують зовнішньодержавні фактори, що впливають на протиправну поведінку державного службовця; 4) використовуються в державному управлінні як засоби маніпуляції та розбудови тоталітарної системи управління; 5) не враховують принцип пропорційності розміру санкції і соціальної шкідливості протиправного діяння. Все це може бути підґрунтям для чисельних звернень осіб до адміністративного суду з оскарженням рішення про їх незаконне звільнення з посади державного службовця.

The Act on access to public information (i.e. Journal of Laws of 2020, item 2176; hereinafter referred to as the Act on Access to Public Information) provides that everyone is entitled, subject to Art. 5, the right to access public information, and the person exercising the right to public information may not be required to demonstrate a legal or factual interest. Despite the fact that the Act has been operating in the legal order for nearly 20 years, there are still significant interpretative doubts regarding the basic ones that affect the interpretation, and thus the application of this Act. One of such concepts is used in art. 2 u.d.i.p. the concept of "everyone". In the voted judgment, the Supreme Administrative Court indicated that the Court of first instance interpreted the phrase "everyone" too categorically, assuming that the attribute of a state legal person made it impossible to file a motion for disclosure of public information to an authority. According to the Supreme Administrative Court, u.d.i.p. this type of entities (entities of the public finance sector - own footnote) in each case does not prevent the possibility of submitting a request for disclosure of public information. The question then arises whether against the background of u.d.i.p. "Everyone is everyone", and if not "everyone" is also a unit of the public finance sector. In the author's opinion, the NSA made a wrong assumption, not taking into account all the issues related to the analyzed problem.

У статті аналізуються витоки проблеми розмежування судової юрисдикції на сучасному етапі правозастосовної діяльності Вер­ховного Суду. Обґрунтовується теза, що у сучасних умовах про­блема розмежування судової юрис­дикції об'єктивно виникає у разі функціонування, щонайменше, двох підсистем судів певної юрисдик­ції. Робиться порівняльний аналіз окремих аспектів нормативного регулювання розгляду справ про судову юрисдикцію Великою Пала­тою Верховного Суду і Судом зі спорів про юрисдикцію (Tribunal des conflits) у Франції. Зазнача­ється, що головна відмінність вирі­шення спорів про судову юрисдик­цію у Франції полягає в економії часу і ресурсів учасників судового процесу, судової системи держави. Так, Суд зі спорів про юрисдикцію у Франції розглядає повторно справу (а не відсилає її до суду першої інстанції) лише у разі, коли адмі­ністративний суд і суд загальної юрисдикції остаточно (рішення не підлягають оскарженню) при­йняли рішення, які суперечать один одному, між тими самими сторонами, щодо одного й того самого предмета спору. На думку автора, у разі виникнення спору про судову юрисдикцію, коли суди різних юрисдикцій остаточно при­йняли рішення, які суперечать один одному, між тими самими сторонами, щодо одного й того самого предмета спору, розгляд справи по суті спору мав би значно кращі наслідки для формування єдиної правозастосовної практики у судах України. Наведений у ЦПК, ГПК, КАС України перелік випадків, коли справа не підлягає передачі на розгляд Великої Палати Верхов­ного Суду з підстав порушення правил предметної чи суб'єктної юрисдикції, скоріше засвідчує про спробу законодавця запобігти фор­ муванню негативної практики зловживання процесуальними пра­вами учасниками судового процесу. З іншого боку, цей перелік спірний, оскільки учасник судового процесу, який не заявляв, не обґрунтував порушення судом правил предмет­ної чи суб'єктної юрисдикції, міг помилятись і така помилка не має бути на заваді вирішення право­вого спору про судову юрисдикцію.

The aim of the work is to state and substantiate the proposals for improving the procedure of processing requests for access to archival documents that contain personal data, which is based on the current legislation of Ukraine. These proposals can be useful in the practice of state archives of Ukraine. The methodology of research includes methods of analysis and synthesis, induction and deduction, analogy, comparison and generalization, which were used to clarify the forms and grounds for organizing access to documents that contain personal data. During the analysis of the legal framework, the method of interpretation was used to clarify the content of the rule of law in order to properly apply it. Scientifi c novelty. The study, aimed at developing practical advice and algorithms designed to simplify and expedite the execution of requests for access to archival documents that contain personal data, is being conducted for the fi rst time. The result of the study can be used in the practice of state archives of Ukraine. Conclusions. During the study conducted in 2020 by specialists the of Ukrainian Research Institute of Archival Affairs and Records Keeping and aimed on the studying the practical experience of state archives on the organization of access to documents that contain personal data and their use, the diffi culties in this area and the need to raise awareness of archivists with domestic law were recorded. The article presents the main legislative postulates on which the state archives should be based during the processing user’s requests for access to archival documents that contain personal data. It is proposed to introduce a special appendix to the user’s application and to use a sample algorithm of actions developed by the authors to speed up the processing of requests for access to documents that contain personal data. References: 1. Burtnyk, Kh. (2019). Konfidentsiina informatsiia, informatsiia pro osobu ta personalni dani: spivvidnoshennia i rehuliuvannia [Confidential information, personal information and personal data: interrelation and regulations]. Retrieved from: https://bit.ly/31hdX2G [in Ukrainian].2. Didukh, L. & Zalietok, N. (2021). Dosvid ukrainskykh arkhiviv schodo vykorystannia ta nadannia dostupu do dokumentiv, scho mistiat personalni dani [Experience of the Ukrainian archives in using and granting access to documents with personal data]. Arkhivy Ukrainy, 1, 104–114. [in Ukrainian]. https://doi.org/10.47315/archives2021.326.1043. Khmara, O., Latsyba, M. & Andrusiv, V. (Ed.). (2012). Metodychni rekomendatsii schodo praktychnoho vprovadzhennia Zakonu Ukrainy «Pro dostup do publichnoi informatsii» [Instructional guidelines on practical implementation of the Law of Ukraine «On Access to Public Information»]. Kyiv: Ahentstvo «Ukraina». [in Ukrainian].4. Kotliar, D. (Ed.). (2012). Zakon Ukrainy «Pro dostup do publichnoi informatsii»: naukovo-praktychnyj komentar [The Law of Ukraine «On Access to Public Information»: scientific and practical commentary]. Kyiv. [in Ukrainian].5. Nesterenko, O. (2011). Deiaki problemy zastosuvannia zakonu Ukrainy «Pro dostup do publichnoi informatsii» [Certain issues of implementation of the Law of Ukraine «About Access to Public Information»]. Retrieved from: https://bit.ly/31izOXC [in Ukrainian].6. Paliienko, M. (2018). Personal Data Protection and Access to Archives in Ukraine: From the National and International Perspective. Atlanti, 28 (2), 61–70. [in English]. https://doi.org/10.33700/2670-451X.28.2.61-70(2018)7. Postanova Kabinetu Ministriv Ukrainy «Pro zatverdzhennia pereliku platnykh posluh, yaki mozhut nadavatysia arkhivnymy ustanovamy, scho utrymuiutsia za rakhunok biudzhetnykh koshtiv» vid 7 travnia 1998 r. № 639 [Resolution of the Cabinet of Ministers of Ukraine «On approval of the list of paid services that may be provided by archival institutions, maintained at the expense of budget funds» dating from 7 May 1998 № 639]. Retrieved from https://bit.ly/32rPNnf [in Ukrainian].8. Postanova Plenumu Vyschoho Administratyvnoho sudu Ukrainy «Pro praktyku zastosuvannia administratyvnymy sudamy zakonodavstva pro dostup do publichnoi informatsii» vid 29.09.2016 № 10 [Resolution of the Plenum of the Supreme Administrative Court of Ukraine «On the practices of implementation of the legislation on access to public information by administrative courts» dating from 29 September 2016 № 10]. Retrieved from: https://bit.ly/32LnxNa [in Ukrainian].9. Pro dostup do arkhiviv represyvnykh orhaniv komunistychnoho totalitarnoho rezhymu 1917–1991 rokiv: Zakon Ukrainy vid 09 kvitnia 2015 r. № 316-VIII [On access to archives of the repressive authorities of the communist totalitarian regime of 1917–1991: The Law of Ukraine dating from 9 April 2015 № 316-VIII]. Retrieved from: https://bit.ly/3da8pg5 [in Ukrainian].10. Pro dostup do publichnoi informatsii: Zakon Ukrainy [On Access to Public Information: The Law of Ukraine]. Retrieved from: https://bit.ly/3oyC8CJ [in Ukrainian].11. Pro informatsiiu: Zakon Ukrainy vid 02.10.1992 № 2657-XI [On the Information: The Law of Ukraine dating from 2 October 1992 № 2657-XI]. Retrieved from: https://bit.ly/399ve2b [in Ukrainian].12. Pro Natsionalny arkhivny fond ta arkhivni ustanovy: Zakon Ukrainy vid 24 hrudnia 1993 r. № 3815-XII [On the National Archival Fond and Archival Institutions: The Law of Ukraine dating from 23 December 1997 № 3815-XII]. Retrieved from: https://bit.ly/3d3epal [in Ukrainian]. 13. Pro poriadok vysvitlennia diialnosti orhaniv derzhavnoi vlady ta orhaniv mistsevoho samovriaduvannia v Ukraini zasobamy masovoi informatsii: Zakon Ukrainy vid 23.09.1997 № 539/97-VR [On the order of mass media coverage of the activity of public authorities and local governments in Ukraine: The Law of Ukraine dating from 23 September 1997 № 539/97-VR]. Retrieved from: https://bit.ly/3lNAv4o [in Ukrainian].14. Pro zakhyst personalnykh danykh: Zakon Ukrainy [On personal data protection: The Law of Ukraine]. Retrieved from: https://bit.ly/3adObQP [in Ukrainian].15. Pylypchuk, V. & Bryzhko, V. (2017). Reformuvannia i rozvytok systemy zakhystu personalnykh danykh v Ukraini [Reforming and developing the personal data protection system in Ukraine]. Informatsiia i pravo, 3, 5–21. [in Ukrainian].16. Pylypchuk, V. & Bryzhko, V. (2017). Transformatsiia systemy zakhystu personalnykh danykh ta pryvatnosti v konteksti yevrointehratsii Ukrainy [Transformation of the system of personal data protection and privacy in the context of European integration of Ukraine]. Visnyk Natsionalnoi akademii pravovykh nauk Ukrainy, 3, 36–50. [in Ukrainian].

The commentary asks the fundamental question: May sport or tourism activities be carried out within municipal culture centers? The answer to the question thus posed (after an analysis of not only the grounds of the judgement covered by the commentary and the views of the doctrine, but also of other court verdicts) is negative. Local government units do not have full freedom in defining the scope of tasks assigned to their own organizational entities. A change of the way of performing tasks requires consideration of many regulations that define the limits of the self-government’s organizational authority. Thus, a local government’s cultural institutions may not perform tasks related to sports or recreation. The above thesis was presented in the commentary to the verdict of the administrative court in Olsztyn dated 20 August 2020 (file no. II SA/Ol 426/20) One must keep in mind that cultural activity is a mandatory task performed by units of local government (Article 9(2)). Article 13 of the Act on organization and conduct of cultural activity provides that cultural institutions operate on the basis of their establishing acts and the statutes issued by their organizers. In conclusion, I expressed the view that joint performance of the aforementioned tasks (related to culture, sports, and tourism) within one entity is inadmissible, because financing of cultural institutions, as separate entities, is carried out according different principles than financing of tasks related to sports.

The authority to adjudicate general election problems/ disputes scattered in various judicial institutions has made the resolution process drawn out and, complicated, creating overlapping powers and the potential for conflicting decisions between judicial institutions. This study examines how the judiciary's authority is regulated in adjudicating election problems, why it is necessary to integrate judicial authority, and how the concept of the judiciary's power is in judging all general election problems. This research aims to map the judiciary's power and find the judicial institution's design with an authority to adjudicate all general election problems. This study used juridical-normative research with a statutory approach, conceptual and case approaches. The results show that the authority to judge general election problems is given to the Constitutional Court, Supreme Court, State Administrative Court, and District Courts of Appeal. The large number of judicial institutions authorized to judge has been proven to be incompatible with general election administration and judicial power administration principles. The authority to adjudicate all election issues must be exercised in one judicial institution. The judiciary that can exercise this authority refers to the Constitutional Court, the Supreme Court, or the exercise can be performed by establishing a remarkable judicial institution.

According to the glossed judgment of the Supreme Administrative Court of November 7, 2018, file ref. Act I FSK 1692/16 compensation for the provided transport services in public transport buses should not be subject to VAT. The article focuses primarily on whether the Supreme Administrative Court rightly recognized them as subsidies similar to donation and subsidy referred to in the VAT Act. In connection with the above, the gloss presents the meaning of donation and subsidy under Polish and EU law. The final conclusion is that compensations involving a reasonable profit cannot be included in a surcharge of a similar nature to the above-mentioned measures, as they are a form of payment and therefore should be subject to VAT. In the remaining scope, however, the position of the Supreme Administrative Court should be shared, taking into account the broad definition of subsidies/subsidies found in EU law.

The primary procedure for filling the post of manager of a non-entrepreneurial medical entity (as well as for other posts referred to in Article 49(1) of the Law on Medicinal Activities) is to select a candidate by means of a competition. However, there may be cases where it is necessary to fill the post of manager, but there is no possibility of a competition procedure. In such situations, it should be possible to entrust duties in this post, but only for the time necessary to conduct the competition. In so doing, it cannot be considered that the delegation of duties constitutes one of the means of filling the post of manager of a medical entity, which is only a temporary solution enabling the medical entity to function until that post has been filled by means of a competition. In view of the legal personality of an independent public health establishment and the principle of legality in the operation of local government units in the exercise of its powers, it is appropriate to limit the powers of that body as a medical entity only to the situations expressly referred to in the provisions of the Law. However, the provisions of the Law on local government employees do not apply either to the manager of the medical entity or to its other employees.

Administrative law in its development has two dimensions, on the one hand guarantee the realization of state power balance and includes the relationship between the relevant state institutions and on the other hand guarantee the harmonization between the function and duties of the state with the ideals of the nation, it is also clear that the administrative law is a realized media From the concept of limitation of power as it becomes the core of a constitutional democracy, the method of approaching normative juridical, the results of the study stated that the issue of the implementation of the State Administrative Court's court ruling depend on the moral ethics of public officials, has made a state administrative court ruling difficult to exceed in reality in society. Such conditions have contrary to the principle of the Litit of the Oportet which requires every case there must be finally because the purpose of the case of the court to the court is certainly to get a solution. Pancasila justice is a basic principle must be implemented in the decision of the State Administrative Court to realize the certainty of law and justice needed by the community.

Susak M. S. The administrative court of first instance procedural judgment in competent authority disputes. - Article. Within the framework of the scientific article on the basis of generalization and comparison of the current ad­ministrative-procedural legislation the administrative court of first instance administrative proceedings con­tent of procedural judgment in competent authority dis­ putes are investigated. It was found that the jurisdiction of administrative courts extends in particular to public - rights and disputes between the subjects of power author­ity over the exercise of their competence in the field of management, including delegated powers ( jurisdictional dispute), and also over the: conclusion, execution, ter­mination, cancellation or invalidation of administrative agreements. In accordance with a comprehensive analysis of the provisions of the Code of Administrative Procedure of Ukraine the author considers and clarifies what is a com­petence dispute, understood as the term "competence", defines and considers the concept of administrative agree­ment and establishes what the main features of the ad­ministrative agreement are. Based on the research the au­thor found that today in Ukraine at the legislative level in administrative law there is no special law regulating legal relations concerning the conclusion, execution, termina­tion, cancellation or invalidation of administrative agree­ments. In this regard, generally in the judicial practice of administrative proceedings there are cases when adminis­trative agreements are correlated for example with civil commercial agreements, and civil commercial agreements mistakenly considered to the administrative, or there are disputes about the legality of concluding administrative agreements in a particular management area, etc. There­fore, in order to overcome the existing problems at the legislative level the author proposed to adopt the Law of Ukraine "On Administrative Agreements", in the rules of which to enshrine the concepts, types, features, pe­culiarities, prerequisites, etc. regarding the conclusion, execution, termination, cancellation or invalidation of administrative agreements in order to minimize or even prevent the emergence of disputed legal relations on this issue. Also, according to a comprehensive analysis of the case law adopted in jurisdictional disputes of administra­tive proceedings of Ukraine author found that mainly the competence of subjects of power authority may intersect and as a result the competence dispute arises. It was established that judges of the administrative court of first instance are endowed with the right to ex­ercise procedural judgment in competent authority dis­putes. The procedural judgment of the administrative court of first instance is realized by the judge in accord­ance with the provisions of the articles of the Code of Ad­ministrative Procedure of Ukraine and is carried out on the basis of procedural judgment (rules of law, facts, case law, and workload) from the moment the judge receives the statement of claim and ends with the adoption of the final court decision on the administrative case in the com­petent authority dispute.

In July 2020, Turkey’s highest administrative court issued a ruling that allowed for Istanbul’s iconic Hagia Sofia, which was registered as a UNESCO World Heritage Site in 1985, to once again becom...

The scope of this essay is to analyze some decisions of the Brazilian federal administration concerning actions to minimize the current pandemic of COVID-19 to understand to which extent such discretionary decisions could be subject to a judicial review.

This research is motivated by the many weaknesses that exist in the Ppajak court in Indonesia. Therefore, this research needs to be carried out with the aim that the tax court in the future will be better, more certain in law, and just. The problem is the reason for reforming the tax court in Indonesia and the way to reform the law on the tax court in Indonesia. The research method used is a statutory, historical, and comparative approach. The result of his research is that the tax court in Indonesia must be reformed because it contains many weaknesses. Furthermore, the findings show that tax court reform must be carried out from the aspects of legislation, institutional and legal culture. Based on the statutory aspect, synchronization of laws must be carried out. Based on the institutional aspect, institutional improvement must be carried out. Based on the aspect of legal culture, this must be done by increasing the morale of the parties. The novelty of this research is that the tax dispute settlement model is found after the tax court becomes a special court within the state administrative court. In conclusion, the tax court in Indonesia still contains many weaknesses, so it must be reformed immediately.

The enactment of Act 11/2020 on Job Creation in October 2020, resulted in several changes in laws and regulations. One of the crucial articles that were abolished by the Job Creation Act was Article 93 of the Environmental Act (UUPPLH) which regulates rights to file a lawsuit at the Administrative Court, this is contrary to the private law. Also based on Article 2 of the Environmental Act states that environmental protection and management is carried out based on the principle of Participation. This research focuses on the impacts of eliminating Article 93 of the Environmental Act by the Job Creation Act specifically on the principle of Participation. The method used in this research is normative legal research conducted with qualitative analysis. The result is that the elimination of Article 93 of the Environmental Act by Article 21 and Article 22 of the Job Creation Act is contrary to the Participatory Principle contained in Article 2 letter k and Article 70 of the UUPPLH. The abolition of Article 93 of the UUPPLH also causes the judicial power to be unable to exercise the principle of checks and balances.

This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.

In the history of mankind there are known cases of conducting experiments with a goal against people. After all, there has been eugenic research, or research leading to the creation of biological weapons. Such experiments are usually hidden from the public and governed by the internal and classified regulations of particular states. That is why it is important for the domestic legal orders world-wide to establish not only research methods and ways of conducting experiments (from the point of view of medical art and effectiveness of research) but also – and perhaps even more importantly – legal principles and rules limiting the conduct of medical experiments, and to establish rules of conduct with the effect of saving and prolonging the life and health of the patient. This article will analyse the Polish legal regulations and Polish doctrine in the field as a case study, describing an example of the national measures implemented to provide control of the research and medical experiment procedures.

The specification in the study uses a qualitative analytical descriptive approach and uses a type of doctrinal legal research with normative legal research methods on synchronization and fair legal efforts in resolving public information disputes. The results of research and discussion in the thesis are: First, contains synchronization of public information dispute settlement based on the Law of the Republic of Indonesia Number 5 of 1986regardingState Administrative Courts as amended by Law of the Republic of Indonesia Number 9 of 2004 and most recently by Law Republic of Indonesia Number 51 of 2009 with Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness. Second, it contains legal remedies that are fair in resolving public information disputes. Conclusions based on the results of research and discussion include: First, synchronizing the settlement of public information disputes based on the Law of the Republic of Indonesia Number 5 of 1986 regarding State Administrative Courts as amended by the Law of the Republic of Indonesia Number 9 of 2004 and most recently by the Republic of Indonesia Law Indonesia Number 51 of 2009 with the Law of the Republic of Indonesia Number 14 of 2008 regardingPublic Information Openness can be done with a juridical analysis of the competence and position of the State Administrative Court and Information Commission, as well as legal synchronization of the relevant Law. Second, fair legal efforts in resolving public information disputes are carried out by juridical analysis based on the theory of justice. Finally, the author gives advice in the form of legislative review efforts to amend the relevant Law, based on apolitical configuration in democratic orders to be able to produce responsive legal products for the realization of legal certainty and justice.

The silence of the Government Administration has two possibilities, Tacit Refusal and Tacit Authorization. Tacit Refusal means that if the government agencies/bodies ignored requests from citizens then it is considered to have rejected the request. Tacit Authorization means if the government agencies/bodies ignored requests from citizens then it is considered to have granted the request. In Indonesia, both the Tacit Refusal and Tacit Authorization have their own places in the laws and regulations. The Law No. 5 of 1986 concerning Administrative Judiciary, rules the Tacit Refusal, meanwhile Law No. 30 of 2014 concerning Government Administration, rules the Tacit Authorization. Both cannot be implemented simultaneously because both of them are negating each other. This paper tries to explain the implementation of Tacit Refusal and Tacit Authorization after the enactment of Law No. 30 of 2014 concerning Government Administration in the administrative court.

Since the birth of the reform era in Indonesia the administration of government refers to the principles of Good Governance and General Principles of Good Governance. In order to accommodate the realization of good governance, a Law on Public Information Disclosure was established which mandates that every Public Agency must develop a system of information and documentation to manage Public Information properly and efficiently so that it can be easily accessed. No exception with the Mahkamah Agung which is committed to providing the best service to the public by realizing openness of information in the Court. Administrative Court of Makassar as a judicial body is also inseparable from the obligation to realize information disclosure in the Court. The purpose of this paper is to find out the implementation of the information disclosure service regarding archives at the Administrative Court of Makassar. Data collection is done through field observations and interviews with several related parties.