Reference:
Piunova, V.I..
Administrative justice in Ukraine
// Actual problems of Russian law.
2014. № 5.
P. 938-944.
DOI: 10.7256/1994-1471.2014.5.64903 URL: https://en.nbpublish.com/library_read_article.php?id=64903
Abstract:
In order to study and resolve legal conflicts appearing in the sphere of public law relations, the specialized
administrative courts were formed in Ukraine. The Ukrainian model of administrative justice is characterized
by the formation within the system of the courts of general jurisdiction of a specialized branch – administrative
courts: 1) local administrative courts (local general courts as administrative courts and district
administrative courts); 2) administrative appellate courts; 3) Supreme Administrative Court of Ukraine; 4) the
Supreme Court of Ukraine. Introduction of the said courts has allowed to considerably improve the situation
in the sphere of protection of human rights and basic freedoms, as well as rights of legal entities from the violations
by the state government bodies, municipal bodies, their officials, and other subjects in the process of
implementation of their administrative functions. The article concerns the issues of organization of the system
of administrative courts in Ukraine, defining the place of administrative courts within the judicial system of
Ukraine. Special attention is paid to the competence of all of the levels within the system of administrative
courts, the issues of formation of the judicial corpus of the administrative courts and specific features of the
status of judges of administrative courts in Ukraine.
Keywords:
administrative justice, administrative court, judicial instance, subject matter jurisdiction, court jurisdiction, competence over administrative cases, status of a judge, administrative case, judicial chamber, justice, qualification commission.
Reference:
Romanova, I..
Legal consequences
of disclosure of corruptogenic factors
in normative legal acts and their drafts by
the prosecution bodies
// Actual problems of Russian law.
2013. № 10.
P. 1322-1326.
DOI: 10.7256/1994-1471.2013.10.63222 URL: https://en.nbpublish.com/library_read_article.php?id=63222
Abstract:
The article is devoted to the study of legal consequences of the requests by the prosecutors to amend
a normative legal act based upon the results of anti-corruption expertise. The author discusses topical issues
regarding the period for the consideration of the requirements by the law-making bodies, options for challenging
the requirements and cases when protest of a prosecutor was filed instead. The author views the
cases when the prosecutors sent information on the corruptogenic factors, which they have found. It is due
to the fact, that the information acts should be filed when corruptogenic factors are uncovered in legal acts
formally falling outside the scope of prosecutor control under the Federal Law «On Anti-Corruption expertise
of Normative Legal Acts and Drafts of Normative Legal Acts» (such as legislative drafts, non-normative legal
acts). If, while holding anti-corruption expertise, a law (or a legal norm) is found to be in contradiction with
the federal law, the protest of prosecutor is used. Special attention is paid to the legislative provisions for the
prosecutors to require amendments into normative legal acts in court; the author offers possible solutions for
the problems.
Keywords:
anti-corruption expertise, prosecution, requirement to amend, protest, challenging decisions, normative legal act, fighting corruption, corruptogenic factor, information, petition by a prosecutor.
Reference:
Piunova, V.I..
Constitutional legal prerequisites
fo the formation
of system of administrative courts
in the Russian Federation
// Actual problems of Russian law.
2013. № 8.
P. 1012-1016.
DOI: 10.7256/1994-1471.2013.8.63040 URL: https://en.nbpublish.com/library_read_article.php?id=63040
Abstract:
Currently the issue of formation of the system of administrative courts is topical in the Russian Federation.
It is necessary to note that accordance with the assignment of the President of the Russian Federation,
the Supreme Court of the Russian Federation, judicial community and scientific communities have been
actively working on the drafts of the Federal Constitutional Law on Federal Administrative Courts and the
Code of Administrative Judicial Procedure of the Russian Federation. This article includes analysis of the current
legislation of the Russian Federation, which possesses the constitutional legal basis for the formation of
administrative courts in the Russian Federation.
Keywords:
administrative justice, constitutional legal bases, administrative judicial procedure, specialized federal courts, administrative courts.