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In Day v Shropshire Council (Day), the Supreme Court considered the effect of a statutory trust under section 10 of the Open Spaces Act 1906 on a subsequent purchaser. Finding for the claimant, a local resident resisting development, the Supreme Court unanimously held that the local authority's failure to give notice and consider objections under the Local Government Act 1972 meant that the site's transfer into private ownership did not extinguish public trust rights to open space, binding the disponee. This note suggests that the decision in Day is to be welcomed, providing clarity on long‐established legislative provisions that protect open spaces, even when sites are not identified as such in planning processes. The note applauds the clarity of the Supreme Court's resistance to drawing on the law of trusts when interpreting statutory provisions and commends the ease with which the Supreme Court confirmed the co‐existence of public and private rights in land. The note also considers how Day illustrates the nature of local authority land ownership, a live issue at the boundary between land and administrative law, of particular interest at a time when local authorities are disposing of surplus open spaces for development. [ABSTRACT FROM AUTHOR]

Priority setting by independent regulatory agencies (IRAs) is an invisible, yet essential, component of regulatory law enforcement. The selection of which cases to enforce and which to disregard is vital given IRAs' finite resources, and due to the function of concretising open‐ended administrative norms. Clear enforcement priorities allow IRAs to focus on matters of genuine economic, societal, and doctrinal importance, solve complex socio‐economic problems and build credible, independent, and accountable authorities. However, as a blindspot of administrative discretion, to date neither a normative framework to assess IRAs' priority setting rules and practices nor a shared terminology to evaluate its different features has developed. This article fills this gap by developing a novel typology and normative framework to guide IRAs' priority setting, based on a historical, conceptual, and empirical study focusing on the case of independent competition authorities. It combines insights from top‐down analysis of administrative and criminal law enforcement with bottom‐up empirical research and engagement with IRAs using EU competition law enforcement as a case study. [ABSTRACT FROM AUTHOR]

One of the classic powers of the president and heads of state is the power of amnesty. The limits and use of this authority differ from country to country. While the general amnesty eliminates all the consequences of conviction, the special amnesty is only a matter for the execution regime. In the Turkish constitutional system, the President has the authority to commute or remit the sentences imposed on persons, on grounds of chronic illness, disability or old age. When evaluated in the context of its definitions, it can be stated that the President’s power of amnesty included in the 1924, 1961 and 1982 constitutions is special amnesty. The special amnesty power of the President has a multidisciplinary nature that is within the scope of political science, public administration, constitutional law, administrative law, penal law and forensic medicine. The intense execution of the amnesty process for those convicted of terrorist crimes during the President Ahmet Necdet Sezer period drew the attention of the public to this area. The President’s special amnesty practices attract the attention of the public in cases where this process is run for people who are well known by the public. However, probably due to the multidisciplinary nature mentioned above, the subject remained in an area of relatively little academic interest. In the study, firstly, the theoretical foundations and infrastructure of the special amnesty granted to the President are discussed. Afterwards, the constitutional basis of the issue, the shape, nature and limits of the President’s power of pardon were examined in the light of the special amnesty decrees. [ABSTRACT FROM AUTHOR]

In Brazil, conflicts involving public servants are governed by the standards of disciplinary administrative law, which is inspired by the retributive criminal law model. However, new possibilities (for instance, restorative justice [RJ] applications) may positively contribute to the settling of controversies. This article aims to describe the restorative justice approach within the administrative disciplinary context of the Executive Branch of the State of Goiás. The study has a qualitative nature and is characterized by exploratory‐descriptive research. The method consists of a case study carried out in the Comptroller General of the State. The results point to a state move toward the adoption of consensual dispute resolution methods in the public sphere aimed particularly at public servants, with initiatives conducted by the Office of the State Controller General of Goiás (CGE), such as pilot projects consisting of: restorative circles and the institution of Law No. 21.631/2022 (labor mediation). Specifically with respect to disciplinary offenses, RJ is not instituted, but it is one of the motivators for the materialization of RJ measures in the workplace. The present study involving the theme of RJ and Disciplinary Administrative Law is unprecedented in Brazil. Motivators were identified for the implementation of restorative practices in the workplace and the identification of the process needed to change states to implement the characteristics of a restorative paradigm, culminating in the institution of mediation processes and other RJ interventions. [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]

The challenges that government outsourcing presents for administrative law were the topic of considerable scholarly discussion in the 1990s and early 2000s, with broad agreement amongst public lawyers that outsourcing should not result in a loss of the particular kind of accountability with which administrative justice is concerned. Yet, over the past two decades, while government outsourcing has continued and evolved, very little has been done to address these challenges. This article explores the question of when non-court-based administrative justice accountability mechanisms ought to extend to outsourced government functions. I argue that much of the focus of administrative lawyers to date has been on the approaches that courts should take, which has led governments and legislatures to adopt tests and taxonomies largely developed in or for the courts, which distinguish between 'public' and 'private' functions. I show that these taxonomies are not well adapted to administrative justice mechanisms outside of the courts, are not fit for purpose in many modern government outsourcing arrangements and have resulted in significant accountability gaps. I propose a different starting point for thinking about administrative justice in the modern mixed administrative state, based on normative principles as opposed to categories. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this study is to investigate the extent to which TQM has influenced the legal system in Australia, an area seldom investigated in the quality or legal literature. Design/methodology/approach: Documentary and policy analysis of legislation, rules and rulemaking documentation based on a partial application of historical-policy analysis (HPA). Textual analysis was based on Dean and Bowen's (1994) definition of TQM and Vinni's (2007) review of new public management and Swiss (1992) "reformed TQM" concepts. Findings: Australia's Tertiary Education Quality and Standards Agency Act of 2011 and supporting legal documents such as Guidance Notes include language reflective of TQM principles, providing evidence that present-day administrative law schemes include TQM practices and tools to undergird procedures of regulatory expectations (sometimes in the form of standards), monitoring and general operations. Oftentimes, it is the supporting legal documentation where TQM practices are found and operationalized. Research limitations/implications: This is a proof-of-concept research study to determine the feasibility to identify TQM concepts within the existing language of legal statutes and supporting regulatory documentation. As such this study worked out the preliminary research challenges in performing this type of analysis. Practical implications: Understanding TQM's impact on legal systems expands the system's perspective of organizations that do not always factor in the influence government policy has on organizational behaviours and outlooks. More specifically, understanding TQM's influence sheds insight on regulatory requirements imposed on a sector and the normative aspects of regulatory compliance that impact the operations and strategic planning of organizations. Social implications: The article provides an example of how legal administrative rulemaking influences organizational operational and strategic activities to remain viable in the organization's business or industrial sector. Originality/value: There are few research papers or literature reviews pertaining to the subject of TQM concepts embedded in laws and regulations, most of which date from the 1980s through early 2000s. [ABSTRACT FROM AUTHOR]

Tax crimes are criminal acts in the field of administrative law that can harm the State due to losses caused by unpaid taxes or other things. In this case, what regulates sanctions for tax crimes is Law Number 28 of 2007. Where this tax crime can be committed by Natuurlijk Persons (individuals) and Legal Entities (recht persons) by taking advantage of reproaches to commit crimes. With sanctions What you get is a fine you have to pay. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 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 COVID-19 pandemic of 2020 was one of the rare events that shocked almost every world government simultaneously, thus creating an unusual opportunity to understand how political institutions shape policy decisions. There have been many analyses of what governments did. We focus instead on what they could do, focusing on the institutional politics of agency – how institutions empower rather than how they constrain, and how they affect public policy decisions. We examine public health measures in the first wave (March-September 2020) in Brazil, India, and the U.S. to understand how the interplay of institutions in a complex federal context shaped COVID-19 policy-responses. We find similar patterns of concentrated federal executive agency with limited constraints. In each case, when federal leadership failed public health policy responses, federated, subnational states were left to compensate for these inefficiencies without necessary resources. [ABSTRACT FROM AUTHOR]

The foundations of modern administrative law were laid in 1980, with the disparate opinions of a sharply divided Court in Industrial Union Department, AFL-CIO v. American Petroleum Institute (commonly referred to as the “Benzene Case”). Consider four points. (1) The Benzene Case is now understood to be the first contemporary appearance of the Major Questions Doctrine. (2) The Benzene Case marked the return of the nondelegation doctrine, signaled most plainly by then-Justice William Rehnquist’s elaborate concurring opinion but also by a favorable reference in the plurality opinion by Justice John Paul Stevens and an open-minded sentence from Justice Lewis Powell. (3) The Benzene Case is the origin of contemporary cost-benefit default principles, permitting or requiring agencies to exempt de minimis risks, to consider costs, and to engage in some form of cost-benefit balancing, unless Congress has squarely said otherwise. (4) The Benzene Case essentially defined “significant risk,” with a precise numerical definition (one in one thousand) that persists at the Department of Labor to this day. At the same time, a close analysis of the plurality opinion in the Benzene Case shows that it is best understood as a specification, above all, of the Absurdity Canon—a Church of the Holy Trinity v. United States for the modern administrative state—with the specific purpose of ensuring against the imposition of high costs for small benefits, and thus of requiring a kind of proportionality between costs and benefits. So understood, the Benzene Case had, and continues to have, an important and salutary effect on regulatory programs. Its significant and much broader current role, more than four decades after the opinions were issued, is an intriguing case study in doctrinal development, and in particular, how Supreme Court decisions can plant small seeds that become big trees. [ABSTRACT FROM AUTHOR]

Administrative law has developed to incorporate insights from two philosophical perspectives: deontology and consequentialism. This Article elucidates administrative law's reliance on those two perspectives and proposes that administrative law further develop to incorporate insights from a third perspective-virtue ethics-which the legal community has, in large part, ignored. Unlike deontology (which focuses on actions) and consequentialism (which focuses on actions' consequences), virtue ethics focuses on actors. Thus, to begin incorporating virtue ethics' insights into administrative law-a task that a wide range of scholars and jurists can embrace-this Article explores how a virtuous agency official might act in accordance with the virtues of prudence, temperance, justice, and courage. A focus on those virtues (known collectively as the "cardinal virtues") counsels in favor of making important changes to administrative law-including by increasing the opportunities for judicial review of agency action. A focus on the cardinal virtues also offers additional support for existing administrative law doctrine-including the judicial deference courts give to an agency official's decision to use one regulatory approach rather than another. In short, virtue ethics offers valuable insights that scholars have yet to consider, but which both transform and reinforce our understanding of administrative law in important ways. [ABSTRACT FROM AUTHOR]

Administrative law and environmental law are companion fields. Still, they are not interchangeable. They promote different values. And yet, sometimes when courts resolve environmental disputes by relying on administrative doctrines, courts elevate the values of administrative law over those codified in environmental statutes. This is particularly concerning when courts rely on judicially-created administrative law doctrines to sidestep congressional intent as expressed by the substantive aims of environmental statutes. To reduce the risk of sidestepping—whether inadvertent or intentional—this Article critically examines how administrative law doctrines can undermine environmental law. Drawing on prominent case examples, including the Supreme Court decision in Sackett v. EPA, this Article shows how administrative law can be operationalized to destabilize environmental law, thwart the law’s need for predictability, and otherwise create pathways for judicial activism. This Article goes on to examine the three features of administrative law that allow courts to use it as a tool for sidestepping environmental law’s normative aims: fluidity in individual application, evolution over time, and roots in tenuous textual tethers. Ultimately, this Article calls for a recalibrated approach to the relationship between administrative law and environmental law in judicial review—one that puts administrative law in its place and gives due respect to the values that Congress codified in the underlying environmental statutes. Doing so will foster the integrity of both fields. [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]

Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) 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.)

Digital platforms have become the subject of several legal acts within a relatively short period of time. The emerging European platform law faces particular challenges due to three specificities of platforms. First, the area to be regulated consists of the same platforms operating throughout the Union with a more or less uniform service in all Member States and beyond the Union. Second, the fact that the platforms can be used for almost unlimited purposes, whereas the Union does not have unlimited regulatory powers. Third, there is the dynamic development of the platform economy, which constantly presents us with new phenomena and potential risks, giving operators a knowledge advantage over regulators and generating a need for private ordering by platforms themselves. In this combination, the legal challenges differ from the issues addressed by most other acts of the EU Digital Strategy: for example, the Data Governance Act focuses not on private but on public data owners, while the Data Act focuses on Internet of Things applications, which are not used as ubiquitously as digital platforms. Because of these particularities, an overarching view of the phenomena of platform regulation helps to provide a background against which the appropriateness of individual norms can be assessed. In order to structure the observations, the platform phenomenon will first be contrasted with that of the EU (I.), before the characteristics of platform law as supranational law (II.) and European administrative law (III.), as well as questions of the platform-related protection of fundamental rights are addressed (IV.). [ABSTRACT FROM AUTHOR]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal 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.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia 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.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia 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 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]

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]

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]

This paper illustrates the factors contributing to developing an integrated strategy for the successful implementation of e-government in practice. Method: To achieve this, this study follows a comprehensive descriptive and developmental approach to the performance of e-government to identify the modern and requirements for implementing the e-government system. Therefore, the study focuses on modern concepts and new methods of electronic government, which led to the emergence and development of electronic management. Results and conclusion: The results indicated that new institutions and modern legislation appeared that regulate the relationship between e-government and public administration on the one hand and its relationship with citizens and companies on the other hand. The study concluded that it is necessary to activate legislative practices to achieve an integrated legal system for e-government. This is done by developing the rules of administrative law and establishing modern electronic administrative legislation that regulates all public administration activities, in addition to establishing and developing electronic constitutional regulations that consolidate the principles of democracy, political unity, and accountability. [ABSTRACT FROM AUTHOR]

The issue of the procedural capacity and quality of the administrative authorities, whether they are unipersonal or deliberative, within of the actions in administrative contentious, was and is an aspect of keen interest for the legal world today, especially in the context of the countless changes to the normative acts with direct incidence in the matter of administrative law, with its obvious procedural transposition in the institution of administrative contentious. The domain of construction permits, issued under the conditions of Article 4 of the Law No 50/1991, also does not make a discordant note from this point of view, since it is only a particularization, on a smaller scale, of a wider and more complex issue, of a symbiotic nature, of the transposition in the procedural plan of the conditions of exercise specific to the legal methods of referral to the court. From this perspective, we reveal that, in the current legal reality, the question of the promotion by the general mayor of the municipality of Bucharest of some actions aimed at cancelling or suspending the effects of the building permits issued at level of sectors of the capital presents a series of particular and subtle values, as a result of some more recent developments, of legislative, administrative and jurisprudential origin, to which we will make a concrete reference through this legal study. The elucidation of the issues regarding the potentiality of the two conditions for the exercise of the civil action, with a concrete applicability in the administrative contentious litigations, is imposed with the force of stringency, as it represents aspects of legal actuality, having an intense and extensive legal impact at a practical level. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 analyzes from a holistic perspective the theoretical and legislative references of the domestic public service from the Administrative Law of Water from comparative law, with emphasis on how the Cuban legislator regulated it in the water regulations, Law No. 124, that allows determining the impact of this non-compliance on the legislative gaps in the legal system studied. Theoretical and empirical methods, as well as techniques and procedures of scientific research, the doctrinal theoretical analysis of the categories involved in the delimitation of legislative gaps were used for its construction, based on the most representative theoretical references to conclude. As in the Cuban legal system, the public home service is protected, as other laws provide to follow the legal logic. That of analysis and synthesis, to systematize the main elements studied; comparative law, to know the regulatory treatment of the domestic public water service. The bibliographic review, to know the criteria of scholars on the subject. Results: the identification of legislative gaps in the aforementioned legal norm is provided and the omission of not regulating the public home service in the legal norms in the Cuban legal system is noted as an idea to defend in an adequate manner, incident to its future perfection by the of the legislator from the contribution of the comparative study. [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]