UNELE ASPECTE PRIVIND RĂSPUNDEREA ADMNISTRATIVĂ A FUNCȚIONARILOR VAMALI

Author(s): Sergiu Bodlev / Language(s): Romanian Issue: 2/2020

The exercise of a function, whether it is a function of public dignity or a public office in the category of senior civil servants, must be done in good faith, honesty, under conditions of full legality, but above all by persons having the necessary professional training, experience and ability to perform those functions.Liability is not a concept that belongs only to the law. The truth given is found in different meanings also in philosophy, ethic and religion, but what is common to all these areas is that responsibility is tightly linked to social life as a whole. Legal liability is part of social responsibility as a whole. In the given article are exposed, investigated and analysed the legal regulations, as well as the administrative-disciplinary, administrative-contraventional and administrative-heritage liability of customs (public) officials, for any misconduct that may occur in the execution of service bonds.

SITUAȚIA COMUNELOR JUDEȚULUI CAHUL REFLECTATĂ ÎN PROCESELE-VERBALE ALE INSPECȚIILOR PREFECTULUI DUMITRU DOBRESCU (APRILIE 1940)

Author(s): Sergiu Cornea / Language(s): Romanian Issue: 1/2021

In February 1938, a monarchical regime was established in Romania. In order to strengthen the power of the monarch and his discretionary control over the administration, a new administrative law was drafted. Administrative law no. 2919, published in the Official Monitor no. 187 from August 14, 1938, grouped the 71 counties of Romania into 10 regions. The region was a territorial circumscription, endowed with legal personality. According to the Administrative law from August 14, 1938, the county became a simple district of control and deconcentration of the central administration, losing its legal personality. The prefect was authorized to exercise the control of the local administration in the urban and rural communes of the county. One form the control over the work of local authorities was their regular inspection. In April 1940, the prefect of the Cahul County, colonel Dumitru Dobrescu, inspected the county communes, clarifying various aspects of the activities of local administrations. The results of these inspections make it possible to create a true picture of the realities of the Bessarabian villages to months before the territorial abduction in June 1940.

THE ROLE AND THE IMPORTANCE OF AUDIENCE IN THE PUBLIC INSTITUTIONS

Author(s): Claudia Simona Timofte / Language(s): English Issue: Supliment/2016

In today's society, government must fulfill the Romanian society. In these conditions, the citizens have expectations of increasingly large public administration, from the desire of a responsible administration, operating on public-customer relationship, administration-public service. Citizens need a functional public system, accessible, equitable, efficient, and responsive and tailored to their needs. Starting from the principles governing public administration principles such as due process, transparency, professionalism, customer focus, an important role of prefect is to ensure compliance with the law and to implement local governing program. Calling on theoretical theses we tried to make an analysis of the audiences at the Prefect Institution Bihor County for the same first six months in 2015 and 2016. In this study case, we have tried to identify the issues that were raised by the citizens, trying to follow and how to solve them, but also the type of the requests. One of the main conclusions we reached was that in Bihor county citizens trust the institution under review.

NAČELA PARNIČNOG I UPRAVNOG POSTUPKA

Author(s): Fuad Purišević / Language(s): Bosnian,Croatian,Serbian Issue: 2/2011

In order to be able to determine mutual relation between contentious and administrative procedure, first and foremost it is necessary to know the similarities and differences between contentious and administrative procedure, more exactly the subjects of deliberation in both procedures respectively. In other words, it is necessary to determine which subject matters are to being solved pursuant to contentious procedure in regard to those that are being solved through administrative procedure, whereupon principles of both procedures are of essential assistance. Indeed, in order to do that we need know-how of substantive civil law and substantive administrative law. Many legal scientists emphasize that application of contentious or administrative procedure depends on whether a case is in the domain of public or private law. Taking into account the statement one can easily conclude that public-legal relationship, except criminal, are being protected by regulations of administrative procedure and majority civil-legal relationships are being protected by regulations of contentious procedures. This rule cannot be carried out fully in its original form, that is one cannot draw a line or boundary between court and administrative competency in terms of provision of legal protection in civil, family, labor, guardian, personal and other relations. Namely, sometimes by choice of parties same legal relationships are being realized through contentious or administrative procedures. Moreover, there are cases that on some legal relations administrative procedures are applied, while compensation for resulting damage are being realized through competent courts. Along with the stated, I would like to point out that some legal relations are initially resolved through administrative procedures and such decisions may, in the end, be contested through pressing charges before regular courts. Likewise, some legal relationships are being resolved in administrative court of first instance and in the second and last instance, those relationships are being resolved by competent courts through contentious procedures.

ZAKONSKO NASLJEĐIVANJE U PRAVNOM SISTEMU BOSNE I HERCEGOVINE

Author(s): Ajdin Huseinspahić / Language(s): Bosnian,Croatian,Serbian Issue: 2/2011

Except the Euro-continental law system, Islamic code and Anglo-Saxon law system, as two leading law systems in the world, have very interesting legal provisions in relation to law of succession. Islamic code, in addition, having been used in our country long time, so their provisions are all the more intriguing for us. Two legal basis of succession are valid in the law of succession system of Bosnia and Herzegovina: testament and law. Pursuant to the law there are two ways of succession - regular succession and necessary succession. In relation to regular succession the law determines a circle of the person which may be call for succession. The selection of facts which the law may take into account to determines the circle of successors is stipulated by law of succession. Besides the regular legal heirs there are necessary legal heirs so it may be considered that, in the low-technical point of view, a necessary legal heir becomes a successor regardless to testator’s will, or contrary of his will. So, in the framework of regular and necessary succession the rules of exclusion, representation and growth have to be respected. The rules that regulate unworthiness of legal heirs affect both to the regular and the necessary legal heirs because any of these categories are not stated explicitly in the provisions concerning the reasons of succession unworthiness. On the other hand the rules of exclusion and deprivation of the heirs successors affect to necessary legal heirs only, not to regular legal heirs.

RAZVOJ I PRAVCI INTEGRIRANJA BORAĈKE ZAŠTITE U BOSNI I HERCEGOVINI

Author(s): Fuad Purišević / Language(s): Bosnian,Croatian,Serbian Issue: 1/2010

Taking into consideration everything said about the protection of soldiers and persons disabled in war, and although BiH is legally and politically not completely efficient, taking into consideration all the powers and prerogatives of the BiH constitution, it should not bellowed the soldiers and members of their families, as well as other victims of war, to be in a situation to receive charity, and their social rights to be resolved in palliative methods, or for them to become political means of political parties only when the parties need it. As a rule, it is a signal that soldiers’ rights will be regulated on a short-time basis, considering that they are insubstantial and economically ungrounded, and also means for keeping certain political parties in the government, while unfortunately, those political parties are frivolous political authorities. Soldier population should not be means of mutual spats of leading and opposition parties, because it marginalizes soldiers and their families. It makes legal, social and economic insecurity, uncertainty and instability of soldier population, as well as instability of the state of BiH in general, and it continually puts BiH on the edge of complete rebellion in entities and/or the whole state.

POREZNA UTAJA KRIVIĈNO-MATERIJALNI ASPEKT

Author(s): Senad Hasanspahić / Language(s): Bosnian,Croatian,Serbian Issue: 1/2010

Tax evasion is a criminal offence defined by other provisions, which implies that there is legislation supplementing the disposition of this crime. These provisions regulate payment of tax obligations, the capacity of a taxpayer, the rights and duties of tax payers and the competence of the individual tax authorities. The subject of protection is the state tax system. Any person qualified as a taxpayer can be a perpetrator of this crime. The crime of tax evasion can be committed by action or omission. The tax evasion crime is committed only if a specific substantive legal assumption as the objective condition of incrimination has been met. This crime also implies certain qualifying circumstances, and that is an amount of liability the payment of which is avoided, and innocence/guilt of a perpetrator.

The Affiliation of the Local Councilor to the Party on whose List They Were Elected: A Condition for Validating the Mandate

Author(s): Mihai Cristian Apostolache / Language(s): English Issue: 14/2021

One of the conditions for validating the mandate of the local councillor is the affiliation of the person declared elected for the position of local councillor to the party on whose list they were elected. The change of the legislator’s outlook on the way of validating the local and county councillors also led to the establishment of a set of conditions for the validation of the mandate of these local elected officials, regulated by Article 114 paragraph 2 of the Government Emergency Ordinance no. 57/2019 on the Administrative Code.1 These conditions must be fulfilled cumulatively and the proof of their fulfilment is made with the documents stipulated by the mentioned article. In case of affiliation to the party, the proof is made through the confirmation of the membership signed by the law regulated subjects.

Problematyczne przepisy przejściowe w ustawie o inwestycjach w zakresie elektrowni wiatrowych (hipotetyczny a faktyczny obszar oddziaływania)

Author(s): Maria Jędrzejczak / Language(s): Polish Issue: 1/2022

The paper analyses the transitional provisions contained in the Act on Wind Energy Investments, in particular those concerning the planning acts of the municipality. The main research issue was to determine the possibility of issuing a land development decision for a residential investment in a situation where the planned investment could, hypothetically, be within the impact zone of a wind power plant, the construction of which is provided for in the local spatial development plan. The considerations were conducted against the background of the judgment of the Provincial Administrative Court in Poznan of 8 October 2020, II SA/Po 598/20.

Stosunek prawny jako podstawa wyłączenia pracownika w postępowaniu administracyjnym

Author(s): Andrzej Paduch / Language(s): Polish Issue: 1/2022

The article addresses the problem of excluding an employee of the public administration from participation in proceedings in a situation where there is a legal relationship between the employee and the party of such a nature that the outcome of the case may influence the rights and duties of the employee (Article 24 § 1 in fine of the Code of Administrative Proceedings). The exclusion then takes place ex lege and is justified by the need for the impartiality of the administrative body. The structure of the discussed premise is based on two elements. First, the exclusion under the indicated provision occurs only when the party and the employee have a legal relationship. Therefore, the analysed ground for exclusion does not occur when this relationship is only factual or, for example, when it existed in the past. Secondly, the outcome of the proceedings must have a special impact on the employee’s rights or obligations arising from the relationship. Justifying the exclusion of an employee on the basis of the discussed premise seems extremely difficult: both of the indicated premises must appear jointly, and they are of an evaluative nature. For this reason, the author proposes to remove the discussed ground from the Code of Administrative Procedure and to cover the cases regulated therein with exclusion upon request (Article 24 § 3 of the Code of Civil Procedure). This will be in line with the principles of speed of proceedings and of fostering the trust of participants in the proceedings in the public authority and legalism.

Model opodatkowania usług komunalnych podatkiem od towarów i usług – wnioski na przykładzie dostaw wody i odbioru ścieków

Author(s): Sławomir Owczarczuk / Language(s): Polish Issue: 1/2022

Municipalities, within the boundaries of the binding law, may choose the legal form for the independent performance of their own tasks in the field of collective water supply and collective sewage disposal (through a municipal office, municipal budget unit, municipal budget establishment, municipal company), as well as the legal form of cooperation (through an inter-municipal union or concluded inter-municipal agreement). The choice of the organizational and legal form, and the manner of performance of municipal activities, is connected with specific legal and tax consequences. Against this background, the question arises: does the organizational and legal form by which the municipality provides the municipal services of water supply and sewage collection determine the amount of VAT declared on those activities under the harmonized VAT system? The aim of the article is also to answer another research question: which variant of municipal activity in the field of collective water supply and collective sewage disposal allows municipalities to implement the principle of VAT neutrality and deductibility, and to what extent? The starting point for the achievement of the objective set out above is a formal-dogmatic analysis of the EU and domestic tax law, supplemented with elements of comparative legal and historical law methods, the views of the doctrine and the judicature, as well as the interpretative judicial decisions of tax authorities.

DECENTRALIZATION, ACCORDING TO THE ADMINISTRATIVE CODE

Author(s): Isabela Stancea / Language(s): English Issue: 2/2021

The decentralization regime is based on the legal recognition of local authorities organized in administrative units at the territorial level. These communities are provided with their own material and financial means that they can use to solve local problems. Decentralization appears to be the opposite of centralization, a regime in which local problems are solved by authorities freely chosen by the electorate. The status of local authorities derives from the law. They cannot make changes, but must be subject to any changes made by the state. The component collectivities are not associated with the exercise of central power, they have autonomy only of an administrative nature. The state controls the legality of the actions of local authorities and not their membership

Unele considerații pe marginea noțiunilor de „interes legitim” în contenciosul administrativ și „interesul de a acționa” în procesul civil

Author(s): Anton Trăilescu / Language(s): Romanian Issue: 05/2022

The premise of this study is that the current legislation uses two legal notions with relatively different names, that is the „legitimate interest” in the administrative contentious procedure, regulated by the Law No 554/2004, and the „interest to act”, used in the Civil Procedure Code, both representing conditions of admissibility of the judicial action (in administrative contentious and, respectively, civil action). The aim pursued by the author was to observe whether these legal notions are synonyms or they differ, in terms of their processual connotation, depending on the nature of the legal action promoted. In this regard, the author has compared the two legal notions, revealing the similarities and differences between them, and, at the end of the study, he has set out the theoretical and practical arguments for the purpose of recognizing their processual autonomy.

The Evolution of General Administrative Proceedings

Author(s): Zbigniew Janowicz / Language(s): English Issue: 10/2020

The paper is an English translation of Rozwój ogólnego postępowania administracyjnego by Zbigniew Janowicz published originally in Polish in “Ruch Prawniczy, Ekonomiczny i Socjologiczny” in 1970. The text is published as a part of a jubiliee edition of the “Adam Mickiewicz University Law Review. 100th Anniversary of the Faculty of Law and Administration” devoted to the achievements of the late Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

SUSPENDAREA EXECUTĂRII ACTULUI ADMINISTRATIV-FISCAL

Author(s): Octavia Maria Cilibiu / Language(s): English,Romanian Issue: 3/2020

The administrative-fiscal act can be suspended at the request of the taxpayer, either before notifying the court with the annulment of the administrative-fiscal act, or with the action of annulment of the administrativefiscal act, the court may suspend the execution of the act if a bail is submitted. In the case of appeals against fiscal administrative acts establishing tax claims, including during the settlement of the action in administrative litigation, enforcement is suspended or not started for the disputed tax obligations if the debtor submits a letter of guarantee / insurance policy to the competent tax authority. Warranty.

Особенности правоприменительной практики рассмотрения административных исковых заявлений об установлении временного ограничения в пользовании специальным правом

Author(s): E.R. Labashova / Language(s): Russian Issue: 2/2021

In this article, the problem of compulsory enforcement of the court judgments in cases of administrative offenses in the field of road safety against debtors, both physical entities and private entrepreneurs, is discussed. In accordance with the existing law “On enforcement proceedings”, there are several ways to forcibly claim fines for traffic violations. One of them is withdrawing money from the debtor’s account, which is prompt and most effective. It assumes arranging periodic payments from the debtor’s account and other income. Nevertheless, it is often impossible to recover such receivables from persons evading the enforcement of the administrative court sentence. To prevent this negative phenomenon, a temporary restriction on the exercise of the special right can be used, i.e., suspending the special right to drive vehicles until the full compliance with the executive document is achieved or the grounds for cancellation of this restriction appear. Here, the mechanism of this procedure is discussed in detail and can be defined as the most effective tool for the execution of certain enforcement documents.

Съдебен контрол върху актовете по устройство на територията (Част втора)

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian Issue: 3/2022

The courts exercise control over the legality of the administrative acts on spatial planning under the conditions and by the order of the Spatial Planning Act, and on problems not regulated in it - under the Administrative Procedure Code. In practice, the Spatial Planning Act confronts us with a clumsy and even dangerous "legislative technique" - when the special law in many places allows certain categories of administrative acts issued under it to be subject to judicial challenge, and for the other administrative acts the law is silent, leaving the impression that the court dispute under this law is based on a special restrictive enumeration! Definitely we cannot accept the notion that the legal interest in claiming administrative acts in spatial planning is limited only to investment construction intentions!

Съдебна власт : Тълкувателно решение на ВАС относно обхвата на солидарната отговорност по чл. 177 ЗДДС; С тълкувателно решение Общото събрание на Наказателната колегия на ВКС ревизира постановления на Пленума на Върховния съд от периода 1953 – 1994

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 3/2022

Проект : Съюзът на юристите в България – партньор в изпълнение на проект SMEDATA II

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 3/2022

АССГ отмени частично условията за кандидатстване и изпълнение на одобрените проекти за предоставяне на безвъзмездна финансова помощ по Оперативна програма „Иновации и конкурентоспособност" 2014-2020 : Пандемията COVID-19 и българската адвокатура

Author(s): Sibila Ignatova / Language(s): Bulgarian Issue: 8/2021

The measures introduced in Bulgaria to prevent the spread of COVID-19 affected the Bulgarian lawyers. Unlike their colleagues in other countries, Bulgarian lawyers did not receive state grant. In July 2021, the Administrative Court, Sofia City issued a decision on appeals of several law firms, which partially repealed the Conditions for application and implementation of projects for the provision of grants.