DISCUSSIONS REGARDING THE LEGALITY AND PROPORTIONALITY OF FISCAL PENALTIES APPLIED UNDER THE TAX PROCEDURE CODE, CUMULATED WITH THE PENALTIES APPLIED UNDER THE EU CUSTOMS CODE

Author(s): Silviu-Gabriel Barbu,Cristina-Maria Florescu / Language(s): Romanian Issue: 34/2023

A recent problem of administrative and judicial practice is the cumulative application of the penalties established by the EU law and by the national tax law, in case of non-compliance with customs obligations. This practice raises the question of the legality and proportionality of the additional penalties established under the national law. The issue is being debated before the Court of Justice of the European Union, which has been submitted with a request for a preliminary ruling.

IMPACT OF THE INTERNATIONAL PARTNERS ON THE RENEWAL OF JUDICIAL GOVERNANCE BODIES IN UKRAINE: HISTORICAL DISCOURSE

Author(s): Tetiana Kazik,Serhii Hnilusha / Language(s): English Issue: 2/2023

The article considers the impact of the international partners on the renewal of judicial governance bodies in Ukraine. For many years, our state has been consistently, albeit slowly and with some difficulties, adhering to adaptation of Ukrainian justice to international standards. Meanwhile, a significant efficacy in achieving certain results in this area belongs primarily to the project support of our EU partners (EU project “Support to justice sector reforms in Ukraine”; Council of Europe project “Support to the implementation of judicial reform in Ukraine”; EU project “Pravo-Justice”; EU project “Support to justice sector reforms and digitalization in Ukraine (Pravo-Justice II)”; Council of Europe project “Ensuring the effective implementation of the right to a fair trial (Article 6 of the European Convention on Human Rights (ECHR)) in Ukraine”; Council of Europe “Support to the functioning of justice in the war and post-war context in Ukraine”) and Canada (project “Support to Judicial Reform in Ukraine”). The contribution of the international partners, both in the aspect of reforming the functioning of justice in Ukraine as a whole and in the renewal of judicial governance bodies in Ukraine, is difficult to overestimate. Insofar as Ukraine is aiming at integration into the European and global processes, the EU and Canada, as key partners of Ukraine, have actively participated in the implementation of a number of important innovations directed, inter alia, at reforming judicial governance. The judicial reform that began under their influence is focused on ensuring independence, increasing the level of trust and public accountability to functioning of justice. It was the largest reform in the history of independent Ukraine. Despite numerous difficulties, realities and challenges of the pandemic and wartime, a number of positive developments have taken place in the field of judicial governance in modern Ukraine. Among them, inter alia, the adoption of basic laws and other normative legal acts aimed at reforming the Supreme Council of Justice and resuming the work of the Supreme Qualification Commission of Judges and functioning of the renewed judicial administration. Significant steps were taken to maintain the guarantees of judicial independence. In the course of the judicial reform, attention was focused primarily on strengthening the integrity of judicial management bodies. However, Ukraine needs to continue reforms, especially in the justice sector.

Considerații privind reglementarea profesiilor liberale

Author(s): Liviu Vîtcă / Language(s): Romanian Issue: 3/2023

The liberal professions are an essential component of any democratic society, with considerable potential for increasing employment and, at the same time, gross domestic product. The exercise of the liberal professions guarantees the smooth running of economic activities, and persons exercising the liberal professions must meet the highest professional and ethical requirements. The link between the liberal professions and the general interest also implies an ethical responsibility on the part of those who practise them, as they serve the rule of law while protecting the financial interests of their clients. In Romania, there is no uniform definition of the term "liberal professions" and, therefore, in order to unify and systematise legislation, a definition of the term "liberal professions" should be laid down in a separate legislative act, containing the general characteristics, establishing the various categories of liberal professions and setting out the general framework for the exercise of those professions. The regulation of the liberal professions must be compatible with European fundamental freedoms, in particular the freedom to provide services, freedom of establishment and freedom of movement.

Identitatea electronică și utilizarea serviciilor de încredere în statele membre ale Uniunii Europene – o abordare practică

Author(s): Bogdan Dobrescu / Language(s): Romanian Issue: 3/2023

Citizens' trust in the online environment is essential for economic and social growth. Lack of trust, caused in particular by the public perception that the legal security of electronic documents is not ensured online, can make consumers, businesses and public authorities reluctant to transact electronically and to adopt new electronic services. To this end, has been adopted the Regulation (EU) No 910/2014 of the European Parliament and of the Council, also known as the eIDAS Regulation, h, which deals on the one hand with the electronic identification of natural and legal persons and on the other hand with the provision and use of trust services for electronic transactions in the internal market, namely electronic signature, electronic seal, electronic timestamp, registered electronic delivery service and website authentication. Electronic identification and trust services have countless uses for citizens (student mobility, opening a bank account, filing a tax return, etc.), businesses (financial services, online sales, professional services, transport, etc.) and public authorities. The European Commission has proposed that by 2030 at least 80% of European citizens should be able to use an electronic identification solution to access essential public services, for example through a European digital identity wallet, and that the list of trusted services should also include other categories of services such as electronic registers and electronic archiving.Thus, a proposal has been drafted to amend the eIDAS Regulation, which establishes a uniform framework for European digital identity, with EU Member States obliged to notify at least one electronic identification scheme to the European Commission within 12 months of the entry into force of the proposed amendments.

„Super SAR” i inne rozwiązania na rzecz niepojedynczego rozpoznawania i zgłaszania podejrzanej aktywności ML/FT przez instytucje obowiązane

Author(s): Maciej Aleksander Kędzierski / Language(s): English,Polish Issue: 3/2023

Reporting SAR to financial intelligence units is the performance of the obligations of the obligated institutions under the AML/CFT system. These actions are taken as a result of an individual customer/transaction risk assessment, as well as a countermeasure policy based on the analysis and assessment of institutional risk. Such structure of the behavior of the obligated institutions was to be a counterbalance to potential and actual perpetrators of money laundering and terrorist financing crimes. As a consequence, individually obligated institutions were to recognize the components of a broad chain of perpetration, legalization of funds originating from prohibited acts and constituting an element of camouflage of the source and beneficiaries of funds intended for terrorists. Over time, the ineffectiveness of this type of countermeasures began to be noticed, especially since the information provided to the financial intelligence unit was to a small extent positively verified and sent to the prosecutor's office as notifications of suspected crime. Subsequently, new counteracting schemes based on the participation of several obligated institutions and mutual exchange of information on negatively marked entities began to emerge. These concepts, despite the fact that they differ both in terms of content and technical implementation, constitute an important counterbalance to individualized analyzes of risk created and assessed exclusively in a particular, individualized obligated institution

Urbanisation as a Factor Which Influences the Increased Level of Crime and Victimisation of the Population

Author(s): Iurie Larii,Radion Cojocaru / Language(s): English Issue: 1/2023

The characteristic features of urban social relations, processes and connections,including urban crime, are projected on the most significant segments of the population. Crimehas historically formed as an urban phenomenon, and with the development of social ties,it turns into a general social phenomenon. Urbanisation acts as a factor of criminalisation and,consequently, the process of victimisation of the population is expanded. The city acts as a ‘socialmagnet’, attracting urban and rural migrants, thereby ‘excluding’ the most active social groupsin remote areas. In turn, this contributes to the distortion of the social composition of thepopulation and the demographic situation, causing a gradual cultural degradation of the ruralway of life. In addition, the city attracts the criminally active part of the population from ruralareas. All these aspects constituted the research topic reflected in this paper

Правові основи адміністративного договору у сфері підприємницької діяльности

Author(s): Serhii Yesimov / Language(s): Ukrainian Issue: 4/2022

The article on the basis of systematic analysis using the formal-legal and comparative-legal method of studying legal phenomena, considers the legal basis of the administrative agreement in the field of entrepreneurship as a means of improving the legal regulation of entrepreneurship in the context of European integration. The subject of scientific research is a set of administrative and legal norms that mediate relations in the field of entrepreneurial activity on the basis of an administrative agreement in modern economic and legal conditions. The urgency of the study is due to insufficient conceptual development of the issue of administrative contract from the standpoint of separation into an independent institution of administrative law with proper legalization and lack of a universal concept of administrative contract. The study examines the specifics of the legal basis of administrative and contractual regulation, which includes seven groups of regulations that regulate certain aspects of administrative and contractual relations, determine the subjects of public administration authorized to enter into administrative contracts, their competence. In this context, the legal nature of the administrative contract as an institution of administrative law with elements of complex regulation, forms of administrative law, forms and methods of public administration, a set of administrative procedures and legal fact is substantiated. Based on current legislation (Constitution of Ukraine, Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, laws of Ukraine, acts of the President of Ukraine, acts of the Cabinet of Ministers of Ukraine, departmental normative legal acts) the essence of the administrative agreement as a form of objectification of the will of the counterparties is considered. A condition of legal significance is the expression of will, determined by the degree of freedom of the participants. Expression of will and freedom of consent provides an opportunity to justify the design of administrative agreements, the concept of the functions of the administrative agreement on the role and importance in regulating public relations, as well as areas of administrative contractual regulation on public relations in public administration. The procedural component of administrative-contractual relations is considered. Administrative-contractual procedure is a logically complete set of legal and organizational actions and decisions aimed at achieving the established legally significant result. It is proposed to form a systemic legal basis for administrative-contractual regulation and a universal procedure for concluding an administrative agreement for agreements of normative and organizational content, vertical and horizontal agreements, the construction of which should be defined in the Law of Ukraine On Administrative Procedure.

The role of pre-accession assistance in the process of joining the European Union

Author(s): Marko Aćić,Miloš Grujić / Language(s): English Issue: 56/2023

This paper primarily analyzes the classification of international organizations according to different criteria to see the specificity of the EU as a sui generis international organization. The authors specifically examine the legal order of the EU and the process of achieving full membership. They are interested in the EU accession process, particularly for countries in the Western Balkans like Bosnia and Herzegovina, which is covered by the Stabilization and Association Agreement. Candidate countries have access to various EU funds, which the authors analyze as pre-accession assistance. The study assesses Bosnia and Herzegovina’s status in European integration and delves into the use of IPA funds in the country, including its withdrawal, scope, and limitations. The authors emphasize the importance of IPA funds for Bosnia and Herzegovina.

The impact of French foreign policy towards Africa on the external migration policy of the European Union

Author(s): Onder Aytac Afsar,Abdelhafid El-Hayanı / Language(s): English Issue: 56/2023

This article analyses France’s foreign policy towards Africa from a realist perspective. It identifies how this policy creates a state of inequality in terms of Franco-African relations through the Francafrique system and how the long-term policy’s consequences have led to negative impacts on the European Union’s External Migration Policy towards the world’s poorest continent. This inequality in terms of Franco-African relations is explained from the perspective of other theories including the Dependency theory and Capital System that highlight inequality between the Global South and the Western world. As a result, it is highly important to examine the volumes of illegal migrant flows to the European territories crossing the Mediterranean Sea from the Sahel and Sub-Saharan Francophone countries to understand how the EU’s External Migration Policy is impacted by the foreign policy adopted by one of the most powerful players in the international system and EU’s member states towards Africa.

Road to Democratic Confederalism - from idea of Socialist Kurdish State to Autonomous Administration

Author(s): Mehmet Sait Guler / Language(s): English Issue: 56/2023

The article analyzes the theory of Democratic Confederalism that had been established in Northern Syria in the beginning of 2014. Three cantons had been declared in Northern Syria, a region also called as Rojava by Kurds and the system for governance of the cantons was Democratic Confederalism. Democratic Confederalism is a governance system which had been theorized by Abdullah Ocalan. Democratic Confederalism is a governance system that rejects the nation-state and its ideology and proposes a new system that does not rely on any kind of state. The article started with the evolvement of A. Ocalan`s ideology from socialism, in the early 1970s, to Democratic Confederalism in the beginning of 2000s. The article also explained Democratic Confederalism and introduced the main principles of the system. After explaining the system of Democratic Confederalism, the article focuses on governance of Cantons that had been declared in Northern Syria. The last part of the paper finds out whether Democratic Confederalism is functional or not based on experience in Northern Syria.

Opodatkowanie wiernych na rzecz prac remontowo-budowlanych w diecezji lubelskiej, na podstawie uchwał zgromadzeń parafialnych z lat 1919-1923

Author(s): Joanna Kumor-Mielnik / Language(s): Polish Issue: 26/2023

The present paper presents and exemplifies the legal basis of taxation of the faithful for renovation and construction purposes in the parishes of the Lublin diocese in the first years of the Second Polish Republic, and discusses the types of burdens incurred by the faithful as well as the ways of enforcing obligations established by parish assemblies. The analysis is based on the materials from the Archives of Modern Records in Warsaw (the collection of the Ministry of Religious Denominations and Public Education) and Lublin Archdiocesan Archives. Investments undertaken in the parishes required the involvement of all the faithful in the reconstruction of churches, rectories, church servants’ quarters and farm buildings destroyed during the war. In accordance with the applicable legal provisions, decisions to start renovation and construction works were made by parish assemblies held under the chairmanship of the mayor or village administrator and the church supervision. Parish assemblies also passed a tax for these purposes. It was imposed on all inhabitants and paid in currency or in grain in proportion to the acreage of land owned. Tax resolutions in question came into force after approval from regional and ministerial authorities. Under the decisions of parish assemblies, inhabitants were obliged to contribute financially or in person to undertaken works, and the taxes they paid were the main component of parishes’ construction budgets.

Normatywne konsekwencje art. 9 Konkordatu dla polskiego porządku prawnego

Author(s): Marcin Olszówka / Language(s): Polish Issue: 26/2023

Polish legal system does not differentiate days which are free from work on the basis of their Catholic/religious or state/secular nature – either at the constitutional level or at the statutory level. Article 66(2) of the 1997 Constitution of the Republic of Poland does not specify public holidays but obliges the legislator to specify them in ordinary legislation. In general, Polish law assumes that two days a week, including Sundays, are free from work, in addition to other holidays. There are also a number of exceptions when an employer is entitled to order work on Sundays or holidays. Article 9(1) of the 1993 Concordat, contrary to Article 66(2) of the Constitution, contains a catalogue of nonworking days, including all Sundays and literally enumerated holidays. It is not a catalogue of Catholic holidays but a catalogue of nonworking days and is binding on the ordinary legislator. In consequence, Polish legislation must not only guarantee the days free from work according to the Concordat but also ensure that on each of these days employees (regardless of the legal basis for providing work) are not obliged to work. Exceptions are permissible but only in situations justified by objective reasons (e.g. security, public order, morality, human life and health); trade, for example, does not fall into one of these exceptions. Interpretative problems are posed by Article 9(2) of the Concordat, which specifies the conditions for expanding the catalogue of public holidays (paragraph 1). The requirement of an agreement between the Parties to the Concordat can be understood either literally – as a requirement of adopting a separate agreement – or teleologically (functionally) – as the absence of opposition (which nevertheless seems to be a more correct interpretation). Another controversy is related to the nature of the catalogue of public holidays in the Concordat. The important question in this regard is whether it should be considered inclusive (i.e. the days indicated in the Concordat have the character of days actually free from work) or exclusive (i.e. only the days indicated in the Concordat have the character of days actually free from work).

Zakres podmiotowy i przedmiotowy kościelnych regulacji dotyczących ochrony danych osobowych. Glosa do postanowienia Wyższego Sądu Krajowego w Hamm z dnia 23 września 2022 roku, 26 W 6/22

Author(s): Bernard Łukańko / Language(s): Polish Issue: 26/2023

This paper presents an analysis of the order of the Higher Regional Court of Hamm, dated 23 September 2022 (26 W 6/22), and the preceding order in the first instance issued by the Siegen District Court, dated 26 November 2021 (2 O 236/21), relating to the permissible subjective and objective scope of data protection legal acts enacted by churches. The author analysed the view of state courts regarding the admissibility of the application of church data protection regulations in church-run medical facilities, as well as in relation to the collection of church taxes. He has demonstrated that jurisprudence supports a broad subjective and objective scope of church regulations, which has a direct impact not only on the formation of specific rights of data subjects but also on the competence of supervisory authorities. The level of protection of personal data, comparable to that of the General Data Protection Regulation (GDPR), provided for in-church legal acts implementing the power of a church or another religious association, as set out in Article 91(1) GDPR, leads to the acceptance of a broad subjective and objective scope of these acts, which also affects the rights of non-members of the church or other religious organization concerned. The support for such a solution stems not only from the existing norms of constitutional law and Article 91 GDPR itself but also from the essential similarity of the key norms of the church data protection regulations to the solutions provided in the GDPR.

The role of the Court in modelling the standard of equal treatment in employment: Analysis of the judgment of the Court of Justice in case C-344/20

Author(s): Anna Magdalena Kosińska / Language(s): English Issue: 26/2023

The aim of this commentary is to analyse the judgment of the Court of Justice in L.F. v. S.C.R.L., in which the Court analysed provisions of the Equal Treatment Directive (2000/78) in light of the general prohibition of discrimination on the grounds of religion or belief. The main proceedings in the case analysed concerned a Muslim woman who wore an Islamic headscarf and was doing an office internship at S.C.R.L., a cooperative limited liability company. Due to the neutrality policy at work, she was unable to manifest her religion and brought an action for a prohibitory injunction before a domestic court. In preliminary ruling, the Court decided that she was not a victim of discrimination.The F.L. judgment is a continuation of the Court’s line of judicial decisions in cases G4S and WABE referred to before. The article analyses the current case law of the CJEU and ECHR that touches on the problem of the expression of religious belief and seeks the answer to the question: Which value is more important to be protected in contemporary European society – the identity of the person or the freedom to conduct a business?

Dyskryminacja nauczycieli religii. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 13 stycznia 2022 roku (C-282/19)

Author(s): Agnieszka Parol / Language(s): Polish Issue: 26/2023

This commentary analyzes the preliminary ruling of the Court of Justice of the European Union in the case C-282/19, YT and Others v. MIUR and Ufficio Scolastico Regionale per la Campania, issued 13 January 2022. The referring court made a request for a preliminary ruling, questioning the compliance of Italian law with EU law. The infringement of EU law was allegedly due to the abuse of successive fixed-term employment contracts and lack of effective measures to prevent discrimination of Italian Catholic religion teachers on the grounds of religion. When interpreting the law, the Court of Justice confirmed that the national norms excluding Catholic religion teachers in public education establishments from the scope of the provisions intended to penalise abuse of successive fixed-term contracts – where there is no other effective measure in the domestic legal system – constitute a breach of EU law. The Court also stated that the obligation to hold missio canonica cannot constitute an objective reason precluding the prohibition of employment discrimination. The commented judgment is one of many cases concerning the abuse of workers’ rights in the Italian public sector, in which the Court basically continues the previous line of jurisprudence. A novelty in the commented case is the interpretation of the prohibition of discrimination based on religion in employment and occupation. Contrary to the interpretation made by the national court, the Court of Justice did not confirm direct discrimination based on religion, which is prohibited under Directive 2000/78 and Article 21 of the Charter of Fundamental Rights. The extremely balanced and restrained position of the Court seems to result from the desire to maintain the broadest possible neutrality in the area closely related to the status of churches and other religious communities, which remains within the exclusive competence of member states, as established by Article 17 of the Treaty on the Functioning of European Union.

Międzynarodowa Konferencja Naukowa "Ideologies and State-Church Relations Legal Framework", Trnava, 5 maja 2023 roku

Author(s): Krystyna Ziółkowska / Language(s): Polish Issue: 26/2023

Характеристика окремих видів адміністративних актів за новітнім законодавством України про адміністративну процедуру

Author(s): Rodion Nehara / Language(s): Ukrainian Issue: 163/2023

The relevance of the study of types of administrative acts is determined primarily by the fact that an administrative act as the main tool of activity, recognized by the provisions of the Law of Ukraine "On Administrative Procedure", although it is accepted (performed) daily by all subjects of public administration exercising public power in the relevant spheres of public life , the forms of their external and legal expression, the cases, grounds and order of their acceptance (commitment), the matters on which they are accepted (committed), as well as their focus on the acquisition, change, termination or realization of rights and/or obligations differ, provided by the current legislation of a private person. Taking into account the arrangement and systematization of administrative acts, it seems possible only with the help of their classification. In this regard, the purpose of the article is to identify and research the types of administrative acts provided for in the legislation of Ukraine on administrative procedure, and their theoretical and legal analysis. Research methods include general and special methods of scientific knowledge, the method of system analysis, the dialectical method, formal-logical methods, structural-functional and comparative-legal methods, as well as a number of empirical methods, which ultimately made it possible to determine and analyze existing approaches to distinguishing types of administrative acts , to carry out their comparative characteristics, as well as to characterize the provisions of the legislation on administrative procedure regarding the definition of types of administrative acts. As a result of the conducted research, the classification of administrative acts was carried out according to the form of acceptance (commitment); according to the method of production (formation); by direction of content; according to the nature of the effect of administrative acts; depending on the number of persons to whom the administrative act applies; according to the quality of the execution of administrative acts, and their theoretical and legal analysis was carried out taking into account the provisions of the latest legislation on administrative procedure. It is substantiated that the potential of the classification of administrative acts is also revealed in the fact that, with its help, it seems possible to distinguish administrative acts from other instruments of activity of public authorities, in particular, regulatory acts and administrative contracts, and political decisions, official orders, etc. This proves that the classification of administrative acts is a promising direction for further scientific research. At the same time, it was noted that the principle in the aspect of research of types of administrative acts is the applied orientation of the proposed classifications and the support of each of the selected types of administrative acts with specific examples.

Цифровізація адміністративних процедур

Author(s): Anatoly Osadchyi / Language(s): Ukrainian Issue: 163/2023

The relevance of the research topic is determined by the need to adapt the institution of administrative procedures to social relations that are formed with the use of digital technologies. The purpose of the article is to study the impact of digitalization on administrative procedures, taking into account the latest changes in the legal regulation of legal relations arising due to information and communication technologies. To achieve it within the framework of the system approach, a set of general scientific and special methods of cognition is used. The basis of the research is the dialectical method of scientific knowledge of the phenomena of reality in their development and interrelationship. Achieving certain research objectives necessitated the use of such methods as: formal-logical (dogmatic), system analysis, structural-functional, and others, which made it possible to comprehensively investigate problematic aspects of the implementation of administrative procedures in digital form. Both normative acts defining the basics of legal relations in digital form and normative acts regulating administrative procedures were analyzed. Aspects of electronic identification of subjects of administrative procedures are disclosed. It is emphasized that the digitization of administrative procedures allows to significantly simplify and speed up procedural activities as a result of ensuring the receipt of reliable information through information and communication systems, which is necessary to establish the actual circumstances of an administrative case. It was emphasized that at present the electronic form of administrative procedures cannot be without alternatives. In order to prevent indirect discrimination due to different possibilities of access to information and communication technologies for participation in administrative procedures, it is necessary to implement a set of measures aimed at overcoming "digital inequality".

Деякі міркування про принципи адміністративної процедури

Author(s): Olha Soloviova / Language(s): Ukrainian Issue: 163/2023

December 15, 2023 The Law of Ukraine "On Administrative Procedure" will come into force and introduce new rules for the interaction of the state with individuals (citizens and business) on the basis of the principles of good administration. A similar procedure applies in all member states of the European Union. The value of principles for relations of administrative procedure is primarily manifested in their law enforcement effect. The relevance of the topic is due to the need to ensure the practical implementation of the principles, which allows to comprehend the purpose and content of the administrative procedure, which means to create conditions for the implementation or protection of the rights and interests of the person and direct the administrative body to the conscientious execution of the assigned powers. The article is aimed at studying the new principles of administrative procedure, which for the first time are recognized as starting points for the implementation of their powers by administrative bodies. The achievement of the outlined goal became possible thanks to the use of a set of methods of scientific knowledge, with the help of which the essence of the principles of administrative procedure was determined, the provisions of normative legal acts were analyzed, in order to ensure their practical significance. The work considers such principles as openness, efficiency, presumption of legality of actions and requirements of a person, formality and guarantee of effective remedies. The characteristic of these principles on the basis of scientific approaches in the legal literature is presented and the corresponding provisions of the Law of Ukraine "On Administrative Procedure" on ensuring their practical implementation are analyzed. On the basis of the study, conclusions were formulated regarding the practical significance of the principles of administrative procedure. First, with their help, the administrative body achieves the correct application of material norms of law. Secondly, they provide minimum unified standards for ensuring the implementation and protection of the rights and legitimate interests of participants in administrative proceedings. Third, they interpret individual institutions and rules of administrative procedure. The obtained results of the study can be further used to assess the legality of the adopted administrative acts, procedural decisions and the performed procedural actions.

Розгляд і вирішення адміністративної справи в автоматичному режимі у світлі Закону «Про адміністративну процедуру»

Author(s): Natalia Khliborob / Language(s): Ukrainian Issue: 163/2023

The relevance of the topic is driven by the rapid development of digital technologies and the implementation of automated systems in various aspects of life, including the administrative sphere. The aim of the article is to investigate and analyze the procedure for considering and resolving administrative cases in automatic mode according to the Law of Ukraine "On Administrative Procedure." Achieving this goal became possible through the use of a comprehensive set of scientific methods, including legislative analysis, comparative analysis of foreign experience, and legal analysis of the provisions of the law. The key provisions of the Law of Ukraine "On Administrative Procedure" related to the automatic mode of considering administrative cases have been examined. It is noted that the law requires amendments to specify the use of automation, establish legal frameworks for this method of resolving administrative cases, and provide clear legal regulation of aspects such as the legal stability of automatically adopted administrative acts, rights, and obligations of citizens in this context. It is established that defining the responsibilities of administrative bodies in providing information and clarification to individuals about the automatic mode is a crucial aspect for safeguarding citizens' rights. Emphasis is placed on the necessity for further legislative improvements to consider aspects of legal definiteness, protection of individuals' rights, and the neutrality of decisions, ensuring fairness in the resolution of administrative cases in automatic mode. Conclusions and recommendations for further improvements in legislation and the practice of handling administrative cases in automatic mode have been formulated based on the conducted research. Prospects for further research include an extended analysis of the effectiveness of implementing automated systems in the field of public administration.