СТАНОВЛЕННЯ АДМІНІСТРАТИВНОГО СУДОЧИНСТВА НА ПОЛЬСЬКИХ ЗЕМЛЯХ У 1795–1918 РОКАХ

Embezzlement is an aggravated form of appropriation. The latter involves an unauthorized person disposing of someone else’s movable item. This item must be in the possession of the perpetrator, who disposes of it as his or her own property, bypassing the authorized person. In the case of embezzlement, the situation requires an additional element of entrusting the perpetrator with a given item by an authorized person. In a situation whene the item constitutes public property and has been entrusted to an official in connection with the performance of his or her service, we can talk about public official embezzlement. This crime has been penalized in Polish lands since the Middle Ages and is still punishable today, although the issue of liability for it has been regulated in various ways over the centuries. The aim of the article is to show how the legal basis for criminal liability for public official embezzlement in Polish lands has evolved over time and how important a fundamental breakthrough that took place in this respect in the area in question in the interwar period was for judicial practice and research on the phenomenon of crime by public officials. The source material for the Old Polish period will mainly involve parliamentary constitutions, and for the 19th and 20th centuries, the penal codes in force in Poland at respective times. Moreover, the study will use court decisions and legal literature, and in the case of the interwar period, additional archival materials in the form of case files and court repertories, which are particularly important in terms of characterizing the indicated breakthrough. The author of the article used the historical, formaldogmatic, comparative and empirical methods.

In 2016, the French Parliament introduced a new chapter on mediation in the Code of Administrative Justice. To succeed, this reform needs to reverse repeated failures in this field. In view of the significant challenge of embedding administrative mediation in the French administrative justice system, the reform and its implementation were informed by empirical findings arising from a mediation pilot set up by the administrative court of Grenoble in Spring 2013. An empirical study of the pilot and of the experience of rolling out administrative mediation in France forms the core of this article and the context in which to revisit foundational questions about mediation and administrative justice. I argue that mediation is not illsuited to administrative law disputes, but that to be integrated in a system of administrative justice, mediation requires the negotiation of a dedicated environment triggering in turn the emergence of a pluralist administrative justice system.

This article critically reviews recent developments in the administrative justice system; in particular, it considers three key themes: improving initial decisions; administrative review; and the future of tribunals. In each of these areas, some aspects of administrative justice work well, but austerity has presented acute challenges in ensuring the fair and just treatment of people through restrictions upon legal aid; the withdrawal of some appeal rights; and the expansion of administrative review. Consequently, the system is moving away from a ‘legal’ model of administrative justice to the ‘bureaucratic rationality’ model, which focuses upon accurate and efficient implementation. However, the reality does not correspond with the goals of the model. Rather than accurate and efficient implementation of policy, what we find is poor decision-making made by junior officials with insufficient quality controls. Digitising tribunals may have potential benefits in terms of increased accessibility. Nonetheless, the prospects for administrative justice are weak.

The use of artificial intelligence in administrative justice has been widely discussed in Iran. The challenges and problems of designing a scheduling system in provincial offices and enforcement branches and organizing the petition writing unit of the Administrative Court of Justice are among the issues that increase the need for artificial intelligence, and expert solutions must be provided. In addition to providing new opportunities to improve efficiency and accuracy, artificial intelligence brings numerous legal and ethical challenges. The present study aims to investigate and analyze the legal and ethical challenges of using artificial intelligence in the administrative justice system. The most important challenges were carefully examined in light of previous studies, and solutions were proposed as far as possible. Addressing these challenges requires comprehensive and multifaceted approaches, including developing legal and ethical frameworks, increasing system transparency, and maintaining human oversight. The present study emphasizes the use of artificial intelligence in administrative justice and suggests that artificial intelligence be used as a predictive algorithm in the Administrative Justice Court.

It is self-evident that judicial independence is one of the main characteristics of the Austrian procedural law, being laid down in Art. 87 of the Austrian Federal Constitutional Act. This chapter discusses the Austrian court system with an emphasis on the independence criterion and the three Highest Courts in Austria. Art. 6 European Convention on Human Rights (ECHR) inter alia provides for the impartiality of a tribunal deciding on civil rights and obligations. The current version of the Austrian Federal Constitutional Act provides for three different and equal highest courts: the Constitutional Court, the Administrative Court and the Supreme Court. The Austrian Supreme Court is responsible for safeguarding legal uniformity, legal certainty and the development of the law in criminal and civil matters. Decisions of the three highest courts are final and binding and are not subject to review by any other Austrian court. Keywords: Administrative Court; Austrian Supreme Court; Constitutional Court; European Convention on Human Rights (ECHR); judicial independence

The article is devoted to the historical processes of formation and development of administrative justice in the Republic of Austria. The process of establishment of the Administrative Tribunal of Austria-Hungary 1875–1918 is covered. The jurisdiction and structure of the Administrative Tribunal of Austria-Hungary (1875–1918) are analyzed. The process of the formation of the administrative judiciary in the Republic of Austria established in November 1918 is shown. The functions and powers of the Higher Administrative Court of the Republic of Austria after the establishment of the Constitutional Court of the Republic of Austria in 1919 are clarified. Based on the practice of the Administrative Tribunal of Austria-Hungary and the High Administrative Court of the Republic of Austria in 1925 an administrative reform was carried out and a codification of administrative procedural law was carried out. The functions and powers of the Federal Administrative Court of the Republic of Austria after the adoption of amendments to the Constitution of Austria in 1929 as well as the law «On the Federal Administrative Court» of 1930 are characterized. After the coup d'état in Austria in 1933 and the adoption of the Constitution of the Republic of Austria, the Federal Administrative Court was abolished, and its functions and powers were transferred to the jurisdiction of the Federal Supreme Court. The procedures for consideration of administrative cases in the Federal Supreme Court are clarified. The Federal Supreme Court could annul laws, resolutions, government orders and other legal acts due to their inconsistency with the Austrian Constitution of 1934. The procedure for considering administrative cases after the «Anschluss» of Austria by Nazi Germany in 1938 is characterized. After the victory of the countries of the Anti-Hitler coalition and the defeat of the Third Reich in Austria, the Republic of Austria was restored, and the activities of the Supreme Administrative Court were resumed in 1945. The process of the functioning of the administrative judiciary of the Republic of Austria in the post-war period is highlighted and the influence of the European Convention on the Protection of Human Rights on its activity is shown. Keywords: Austria, Republic of Austria, Nazi Germany, administrative court, Constitutional Court, administrative justice, judges, public authorities.

The development of procedural law and the overall framework of the administration of justice after 1948 took in many respects previously unknown forms. First of all, the convergence of civil and criminal procedural law in some aspects (e.g. the role of prosecutors) is a characteristic feature of the period, whereby the elements of non-contentious proceedings were extended even to adversarial proceedings, as a result of which the principle of searching for material (objective) truth became a characteristic principle for both civil and criminal proceedings. The deformations introduced after 1948 included also the abandonment of a separate labor justice system and administrative justice system (from 1952) in Czechoslovakia, when, on the one hand, the resolution of labor law disputes was entrusted to autonomous authorities at workplaces, and on the other hand, the Supreme Administrative Court was abolished in 1952 as allegedly conflicting with the sovereignty of the people, who were deemed to rule through the executive bodies and offices. Paradoxically, the arbitration, which is traditionally based on extra-judicial dispute resolution, was significantly weakened – it was only allowed for international business relations. Instead, a special, state-controlled arbitration was created for national business and economic relations – so called state arbitration, or economic arbitration, as a special system parallel to the judiciary. Thus, all in all, the judicial power and its competences were significantly curtailed in the observed period – in favor of mechanisms controlled by the executive and the Communist Party. These deformations became even stronger after 1960, when socialism was allegedly reached in Czechoslovakia, according to the wording of the 1960 Constitution. Further development brought another simplification of procedural law, whereas the administration of justice was to a yet even greater extent entrusted to extra-judicial bodies.

The monograph under review written by German historian Malte Rolf, published in Russian, offers a detailed description of the imperial administrative apparatus that was formed after the defeat of the January Uprising of 1863 and existed until the end of Russian rule in the Polish lands (1915). The collective portrait of Warsaw governors general, which was created by the author of the monograph, deserves special attention, given that the imperial elites of the Vistula Land have not previously been the subject of special research. Of no small importance is the fact that the observation over the complex process of transformation of the Congress Kingdom of Poland into the Vistula Land allows the author to comprehensively consider, as he puts it, the “contact zones and conflict nodes” that stood out most clearly against the background of the existing administrative structures.

The article analyses the provisions of the Administrative Procedure Code of Ukraine on interim relief through suspension of a regulatory legal act and examines the Supreme Court’s case law with regard to the efficiency of application of this administrative procedure institution. In fulfilling the main tasks of administrative proceedings, the institution of interim relief is of great importance, as it allows the plaintiff to protect his or her rights and interests at the stage of applying to an administrative court by suspending the effect of an unlawful decision of a public authority. In the course of the court practice study, a gap in the current legislation and law enforcement practice has been identified, namely: when an interim relief order is cancelled by an appellate court, the authority believes that during the time its decision was suspended, such a legal act gives rise to rights and obligations for the parties. However, such a position of the authority is inconsistent with the provisions of the Constitution of Ukraine and the decision of the Constitutional Court of Ukraine, but is applied by the Supreme Court. To address this problem, it has been proposed to amend the Code of Administrative Procedure of Ukraine to provide that appellate and cassation courts, when issuing a decision to set aside a ruling on interim relief by suspending the effect of a regulatory act, should determine that the court ruling loses legal force from the date of the court's decision. In this case, the legislation should clearly state that during the time when the court of first instance ruling was in force, the effect of the legal act was suspended and did not give rise to any rights and obligations for the parties to the litigation, and in case the court ruling on interim relief is cancelled, the effect of the legal act does not have retroactive effect. The institution of interim relief should be effective and protect the violated rights of individuals.

Purpose: The objective of this research is to examine whether the European Charter of Local Self-Government is, in practice, an effective instrument for the protection of the autonomy of local government in Poland, as well as well as to define the contribution of the Polish case law and administrative practice to the understanding of the principles of the Charter. The importance of the subject is strengthened by the political context. For many years, Poland was considered a model country safeguarding extensive local autonomy. Recently, however, recentralization trends have emerged in government policies. Design/methodology/approach: The research is based on the qualitative and quantitative empirical research of the case law and administrative practice with elements of doctrinal analysis.Findings: The Charter is present in the case law of the Constitutional Tribunal (22 judgments), administrative courts (166), and public administration bodies supervising local governments (49). The number is high compared to other CoE countries. The administrative courts seem to be more eager to adjudicate in favour of local governments in the cases in which the Charter is referred to.Academic contribution to the field: A specific Polish input to the application of the Charter is the frequent use of the principle of proportionality in the supervision of local governments, which serves the courts as a perfect tool for resolving ‘hard cases’ between the local government and central administration bodies. In several important judgments, Article 11 concerning the judicial protection of local governments was invoked to effectively strike down the law limiting the local governments’ access to court in specific cases.Practical implications: The research may be useful for local government representatives in formulating their litigation strategies, especially in legal disputes with central authorities.Originality/value: This research is the first all-embracing empirical research of the application of the Charter in a country’s legal practice. It shows original ways of the practical use of the Charter not described in the literature so far.

Introduction. This article analyzes the features of local self-government organization at the city and village levels in Galicia within the Austrian Monarchy (1772–1867). Summary of the main results of the study. It is noted that the majority of the Ukrainian population in Galicia was concentrated in villages. For instance, in the Carpathian region, the rural population accounted for 82 % of the total population. At the beginning of the 19th century, the socio-economic life in Galician villages was characterized by the development of corvée agriculture, the growth of landlessness, and the stratification of the peasantry. The administrative-territorial division in Galicia was distinguished by the fact that the Austrian government did not create a lower tier of the state apparatus and transferred political power in rural areas to the landlords (dominions), thereby strengthening the feudal order. It is argued that significant changes in the organization of local self-government in Galicia within the Austrian Monarchy occurred after the revolution of 1848, which had a significant impact on the awakening of national consciousness among Ukrainians and the development of ideas of local self-government in Western Ukrainian lands. This was also facilitated by Austrian legislation, enacted under the influence of revolutionary ideas. In particular, the law of March 17, 1849, proclaimed the idea: «A free community is the foundation of a free state». A new stage in the development of local self-government was marked by the Austrian law on communities in Galicia (1866), which defined that a community consists of every city, town, and village that has its own local government. The representative body of rural and urban communities in Galicia was the communal council, which «consists of elected members and members who belong to it without election (so-called virilists)». The communal council met as necessary, but not less than once every three months. The right to convene it belonged to the head of the community or his deputy. The head was also required to convene the council if requested by 2/3 of the council members, the eldership, or the district council. He was also obliged to inform the council members about the next meeting. The council was considered competent to make decisions if more than half of the council members were present at the meeting. Conclusion. Thus, the organization of local self-government at the city and village levels in Galicia within the Austrian Monarchy (1772–1867) demonstrates the influence of European traditions on the Western Ukrainian lands. The expansion of the rights of territorial communities in Galician villages was particularly positive, contributing to the development of Ukrainian society. Ukrainians developed democratic traditions of local self-government and always strived for orderly social relations and independent local governance.

Negotiated justice is usually characterised by an agreement between the parties, which entails a series of advantages and sacrifices for the defendant, and is mainly aimed at saving time and costs compared to the standard procedures. In the context of the application of sentence at the request of the parties – the main Italian special procedure relating to the model of negotiated justice – there has long been debate about the fate of procedural sanctions that occurred before the agreement, and the case law of the Court of Cassation tends to support their total neutralisation as a corollary to the manifestation of the will to negotiate. After analysing this issue from a theoretical point of view and considering the indications stemming from the case-law of European Court of Human Rights, we will conclude that the current Italian case law is too focused on a speedy adjudication of criminal cases and we will delve into the provisions of the Italian Code of Criminal Procedure in search of possible alternative solutions that can ensure a better balance between all the interests and values at stake.

In the modern context of global changes, the study of the influence of administrative and legal factors on the sustainable development of regions is of particular relevance, which is also due to the hyperdynamics of the external environment. The main purpose of the article is to identify and streamline the main administrative and legal factors influencing the formation of sustainable development of the region in a changing external environment. Key research methods are the method of hierarchical analysis, paired comparison, expert analysis and the Delphi method. A scientific question has been formulated based on the results of a literature review, which is how to more effectively implement administrative and legal support for the formation of sustainable development of the region. Valid methods are disclosed due to their step-by-step application. An analysis of the dynamics of key indicators of sustainable development of one of the regions was carried out. A modern model for the formation of sustainable development of the region is proposed, considering the conditions of the changing external environment and focusing on administrative and legal principles, which is characterized by blocks and a schematic explanation. A methodological approach to modelling the definition and ordering of the main administrative and legal factors influencing the formation of sustainable development of the egion in a changing external environment has been developed. Based on the results of the modelling, it was determined that the most significant factors of influence within the framework of administrative and legal support for the formation of sustainable development of the Lviv region in a changing external environment are martial law, administrative court proceeding and local self-government and decentralization. The effectiveness of the proposed method has been proven through the ability to satisfy all information needs of subjects of sustainable development in the region. The practical significance of the research results is revealed in the possibility of using the proposed model and methodological approach in the work of public services and the public administration system of the region

German constitutional law guarantees effective recourse to the courts against all administrative measures. Remedies regarding administrative cases and controversies are divided between different branches of judicature. General administrative tribunals deal with most of the legal actions taken in administrative law cases. In addition, there are fiscal courts with jurisdiction over taxation, social security tribunals, and general courts of law that decide, in particular, on financial compensation with regard to administrative measures. Those different administrative courts apply a wide variety of different legal procedures and lack a general procedural code. The author analyses in detail the diversity of the administrative judiciary and their legal procedure. He criticises the absence of a general system of administrative adjudication and discusses possibilities of basic reform, including the unification of courts and the standardisation of procedural law.

The paper examines the causes of judicial errors in administrative proceedings. It has been established that a judicial error in administrative proceedings is the result of judicial activity, which indicates the inability of the judiciary to effectively protect the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by subjects of authority. A judicial error is recognized as an error regardless of the presence or absence of the fault of a particular judge who made a decision with an error made in it. The subject of the error, most often, makes it as a result of carelessness, self-confidence, unintentional actions, accidental error, etc. If a judge commits deliberate actions aimed at distorting the fundamental principles of administrative proceedings and grossly violating the rights, freedoms and interests of individuals or the rights and interests of legal entities, then he commits not a judicial error, but a criminal offense. Judicial errors are a serious obstacle to the effective functioning of the administrative justice system, as they provoke the occurrence of a number of consequences: loss of trust, resource costs, psychological losses. Judicial errors in administrative proceedings have a negative impact on the legal awareness of citizens, their psychological state, undermine the authority of the state in general and judicial bodies in particular, provoke significant financial and time costs, etc. In order to cope with the problem of judicial errors in administrative proceedings, the domestic justice system should strive to: eliminate defects in material and procedural legislation; reducing the workload of judges of administrative courts; bringing the number of judges and court staff to their regular number, etc.