РОЗВИТОК АДМІНІСТРАТИВНОГО ПРАВА В ГРУЗІЇ

In terms of principle, the intrinsic structural elements of the academic system of Chinese administrative law can be divided into three components: the positive law (de lege lata) system, the theoretical system and the system of methodology. As the foundation of the academic system, positive law mainly consists of the normative and institutional systems of administrative law; as the heart of the academic system, the theoretical system contains the theoretical basis, the system of basic principles and the system of categories of administrative law; and the system of methodology is the link and the conversion mechanism between positive law and the theoretical system, including the three research methods of politico-legal jurisprudence, Rechtsdogmatik (legal dogmatics) and social science jurisprudence. Along with institutional practice and the deepening of doctrine over the past thirty years since the promulgation of the Administrative Procedure Law (1989), the academic system of administrative law in China has been maturing. However, we are conscious that problems still exist. The basic approach to achieving further innovation includes advancing the construction of basic administrative law through codification; enhancing academic quality by jurisprudential thinking; shaping Chinese characteristics by rule of law practice; and carrying forward the whole academic system in a complete form.

Early administrative jurisprudence generally experienced a shift from administrative science to legal science, while modern administrative jurisprudence has shifted from judicial review to administrative process centered. In this paper, we introduce feature engineering technology into the construction model of administrative law based on data mining. The prior knowledge is introduced into the model through the artificially constructed effective features, and the neural network method can automatically extract features such as abstract features from the original input text. We propose a deep feature engineering method to combine the advantages of both in the study of relation extraction tasks. Experiments show that our method provides a powerful legal analysis tool, which helps to innovate the conceptual framework and theoretical system of traditional administrative law and establish a modern administrative law system that can explain the real-world administrative process.

The paper examines the administrative and legal provision of administrative conflict and non-conflict proceedings in comparison with the experience of Germany. It has been proven that the integration of Ukraine into the European legal space requires a full-scale reform of the legal system based on the principles and standards formed at the panEuropean level. It is extremely necessary to take into account international and European standards when carrying out reforms in public administration, as well as take into account theoretical provisions, doctrines and positive practical experience of foreign countries in the field of administrative conflict proceedings. The initiated administrative-judicial reform, the development of a regulatory framework for the regulation of administrative proceedings, should take place taking into account the EU standards of administrative justice aimed at the settlement of conflict proceedings. The implementation of the experience of European countries in conflict administrative proceedings will not only contribute to the improvement of domestic legislation but will also ensure close correspondence with the EU. The author suggests using Germany’s experience regarding legislation and proceedings in cases of administrative offenses. In the scientific literature, there are different approaches to defining the concept of proceedings in cases of administrative offenses, but in general, researchers agree on the general features of such proceedings and point out that this is a special type of procedural activity, which is regulated by the norms of administrative procedural law, which is carried out by authorized administrative jurisdictional powers of special subjects of public administration regarding consideration and resolution of cases of administrative offenses. Among researchers, there is no unity in views on the classification of administrative proceedings. This is not surprising, since there are a significant number of views on the list of principles for the classification of administrative proceedings. We adhere to the classification of conflict and non-conflict administrative proceedings. Germany’s experience has shown that effective means of administrative protection can be provided through various judicial or legal systems. In the end, it all comes down to having sufficient resources, a stable legal framework and institutions, and training. A separate system of administrative justice by itself will certainly not solve problems in the field of administrative justice. Therefore, today, the Ukrainian legislator has no other way to solve the problem, how to build its autonomous system of administrative law, taking into account both the experience of Ukrainian administrative law from the time of the Ukrainian SSR, and the achievements and mistakes of the EU countries. Key words: administrative law, administrative process, administrative proceedings, conflicting administrative proceedings, administrative law of foreign countries, administrative law of EU countries, administrative and legal support.

The work proves that Ukraine’s integration into the European legal space requires a full-scale legal system reform based on the principles and standards formed at the pan-European level. It is extremely necessary to take into account international and European standards when carrying out reforms in public administration in Ukraine, as well as take into account theoretical provisions, doctrines, and positive practical experience of foreign states in the field of administrative conflict proceedings. The administrative-judicial reform announced by the President of Ukraine and the development of the normative framework for the regulation of administrative proceedings is taking place while considering international and European standards of administrative justice aimed at the settlement of conflict proceedings. The analysis of foreign doctrine and legislation in the field of administrative responsibility indicates the absence of a single model of legal regulation of this institution in foreign countries, where in some countries, it is part of criminal legislation, while in others, it is an entirely different sphere of legal regulation. In order to improve conflict legal proceedings, it is expedient to pay more attention to the international experience of regulating administrative proceedings. Despite the different attitudes to administrative and tort legislation in various countries, each country has its own important experience in conducting cases. It is possible to describe the following features of the systematization of legislation on administrative responsibility: some countries are focused on decodification, while others are moving toward adopting a single codified act. Also, quite often, we can observe differences in jurisdictional administrative procedures in foreign countries. However, the implementation of the experience of European countries in conflict proceedings will not only contribute to the improvement of domestic legislation but will also ensure close cooperation with the EU. The author proposes to use the experience of foreign countries regarding the expansion of the range of subjects of proceedings in cases of administrative offenses since, in most countries, legal entities can be brought to administrative responsibility on an equal basis with individuals. In this way, administrative justice would contribute to the strengthening of law and order in the state of Ukraine. Administrative justice is an integral feature of the rule of law state, and its creation is the task of every democratic state. Key words: administrative law, administrative process, administrative proceedings, conflicting administrative proceedings, simplified proceedings, administrative law of foreign countries, administrative law of EU countries, administrative tort law

Recent interest in the harmonizing potential of European administrative law stems in part from the view that administrative states are facing a ‘legitimacy crisis’ and that administrative law must evolve to survive. Emergent ‘new administrative law’ no longer recognizes the state as a centralized leviathan, but rather as promoter, facilitator, regulator, and helmsman of domestic social and economic progress. In this article I argue that articulating shared ‘European’ principles of good administration and administrative law only goes part of the way to understanding this re-positioned administrative state, and that a better approach also focuses on the architecture of administrative justice. I outline various UK conceptions administrative justice and European conceptions of good administration and examine, for the first time, the impact that European principles of good administration have had on UK administrative justice. I argue that UK approaches to administrative justice help to meet the challenges of new administrative law by focusing on incorporating principles of good administration and human rights into the design architecture of institutions, as well as into administrative law itself. I conclude that there is potential to develop, through further comparative analysis, European conceptions of administrative justice, overlapping with and complementary to, European principles of good administration. Good administration, administrative justice, Council of Europe, European administrative law, right to good administration

The scientific article is devoted to the study of the legal status of subjects of administrative proceedings. The article examines scientific and legal approaches to the definition of the concept of "subject of administrative proceedings", analyzes the criteria for the classification of subjects in administrative proceedings. The legal status of subjects who are participants in administrative proceedings depends directly on its legislative definition, but the mechanisms of its implementation are related to the functional features of the subjects of judicial review of administrative cases. The establishment of the system of subjects of administrative procedural law is ensured by the corresponding systemic legal regulation in the legislation. In the science of national administrative law, there are different views on the system of subjects of administrative law and administrative proceedings. It is emphasized that the participants in the administrative process according to the instructions of the CAS of Ukraine, depending on their interest, are divided into persons who conduct the judicial process (directly the administrative court), participate in the case (parties, third parties, representatives of the parties and third parties) and other participants (witness, expert, specialist, etc.). Also, the system of subjects of administrative proceedings can be divided into individual and collective subjects. The most logical, in our opinion, is the classification of all subjects of administrative procedural legal relations into three groups: courts that administer justice; persons participating in the case; persons who assist in the administration of justice. It was concluded that in each of the listed cases, the administrative-legal status of an individual subject as a participant in administrative proceedings has its own specificity, due to the functional affiliation performed by the subject during the implementation of administrative proceedings.

The article discusses a significantly modified regulation within administrative law applied in the consular service. There seems to be a need for a voice in the discussion regarding the legal status of a Consul of the Republic of Poland (as well as the other members of the diplomatic corpus) as seen from an administrative law point of view. In the background of two regimes of administrative and consular law, it is also undoubtedly necessary to indicate the basic procedural border problems. A very typical example are the modified administrative procedures provided for diplomacy, with particular emphasis put on the importance of jurisdictional administrative proceedings lead by the consul. The administrative procedure constructed in this way by the legislature differs in many points from the general administrative procedure performed by other Polish authorities. Therefore, to some extent, it can be perceived as a specific administrative consular law. The aim of this article is to signal the typical procedural differences and to point out their sources. “Consular administrative law” can be perceived as a special administrative procedure, which does not constitute part of the general administrative procedure applicable to all national authorities and citizens in Poland, but which still is a sub-branch of Polish consular law which applies to the Polish citizens and foreigners in a specific administrative situations. The existence of so-called “consular administrative law”, however, presupposes one fundamental condition, which is having and maintaining foreign relations in the first place.

The process of Ukraine's integration into the European Union necessitates the harmonization of the national administrative and legal system with European standards. One of the most developed and influential models of administrative law in Europe is the French one, which combines an effective institutional structure of public administration, effective mechanisms for protecting citizens' rights and economic feasibility of regulation. Analysis of the French experience is especially important for Ukraine in the context of public administration reform, decentralization and increasing transparency of government activities. Therefore, the study of the economic and legal foundations of the Europeanization of administrative law of Ukraine through the prism of the French model is relevant both in scientific and practical terms, as it contributes to the formation of an effective, accountable and citizen-oriented public administration. The purpose of the study is to analyze the economic and legal foundations of French administrative law and determine the possibilities of their adaptation for the harmonization of the administrative and legal system of Ukraine with the standards of the European Union. The research methodology consists of comparative legal, empirical and formal-dogmatic methods, as well as induction and deduction, analysis and synthesis methods, which together provide a comprehensive and systematic study. The article analyzes the economic and legal foundations of the Europeanization of administrative law in Ukraine through the prism of the French administrative law system. In particular, a comparative analysis of the French and Ukrainian administrative law systems is carried out in order to identify European trends that shape the legal architecture of Ukrainian administrative law in the context of European integration. The authors state that although French administrative law has a tradition of over two hundred years, and Ukrainian administrative law has only begun to be institutionally formed since the 1990s, both systems tend to share common principles of the rule of law, public accountability and effective administration. It is emphasized that in France there is no formal distinction of administrative law into general and special, instead there is a substantive differentiation into institutional and functional areas - administrative police, public enterprises, healthcare, security, civil service, etc. In Ukraine, on the contrary, a clear distinction has been introduced into general, special and special administrative law, which corresponds to the structure of national legislation and the practice of its codification. It is emphasized that the French system is based on the case law of the French Council of State, while the Ukrainian one is based on codified administrative proceedings. The generalization of the results of the comparison indicates the gradual Europeanization of Ukrainian administrative law through the implementation of both regulatory and institutional principles of public administration. The French experience serves as a guideline for improving the Ukrainian administrative model, ensuring compliance with European Union standards and developing the doctrinal basis of national law.

The article deals with the problem of understanding the administrative process in modern Russia. Discussion about its essence has not stopped in the science of administrative law for many years. There are two main points of view. The administrative process is understood in a narrow sense as a jurisdictional activity and in a broad sense as a set of administrative procedures, administrative jurisdiction and administrative justice. The opinion is expressed that the understanding of the administrative process should be based on the understanding of the subject of administrative law. After the adoption of the Code of Administrative Proceedings of the Russian Federation in our country, a real legal basis appeared for the creation of administrative justice, which resolves disputes between a citizen and the state. The legal nature of administrative justice and administrative jurisdiction is not the same. They belong to various subbranches of administrative law. The situation should be preserved when one part of cases of administrative offenses is considered by courts, and the other - by other bodies of administrative jurisdiction. The proposal to consider cases of administrative offenses in accordance with the norms of the Code of Administrative Proceedings is critically assessed. An attempt to create administrative courts in the Russian Federation is analyzed and evaluated. The experience of creating administrative courts in France and Germany is presented. The reasons why the administrative courts were never created are indicated. Administrative cases are considered by courts of general jurisdiction. An attempt to adopt the Administrative and Administrative Procedure Codes of the Russian Federation is analyzed. The Code of Administrative Proceedings of 2015, on the basis of which administrative cases are considered, is, in fact, the Administrative Procedure Code. The proposal to develop and adopt the Federal Law “On Administrative Procedures” is critically assessed. It is concluded that the administrative process is a judicial procedure for considering cases arising from public legal relations according to the norms of the Code of Administrative Proceedings of the Russian Federation, as well as the activities of bodies of administrative jurisdiction, including the court, to consider cases of administrative offenses in the manner established by the Code of the Russian Federation on Administrative Offenses.

From the perspective of English jurists, the incoming tide of Community law still carries some suspicious pieces of flotsam onto the shores of the English legal system. It may be that the origin of certain general principles of Community law has contributed to that suspicion. The principles of proportionality1 and of the protection of legitimate expectations,2 for instance, have a reputation of being 'made in Germany. ' Their claim to acceptance in English administrative law is met with reservations.3 English lawyers may in fact think that European administrative law is the Trojan horse by which a continental tradition is about to supersede well-established English principles of administrative law and judicial review. They may also legitimately ask themselves whether their system is not particularly susceptible to change, since the Common Law tradition is the exception rather than the rule in the European context. German administrative law has acquired the reputation of being influential in the shaping of the general principles of European administrative law4 as they are being developed by the European Court of Justice and also, to a certain extent, by the European Commission and Court of Human Rights.5 Such a proposition, however, is difficult to prove or to disprove since it is frequently impossible to trace the origins of rules directly.6 In one or other form, other national systems of administrative law also know the concepts and principles which are at issue here. It is quite obvious, however, that these principles have acquired a particular significance and an extraordinary legal force in Germany. For these reasons, this article adopts an indirect approach. In Part One, some important principles of European administrative law are analysed in order to determine whether they have an equivalent in German administrative law. The relevant differences between these two systems and the system of English administrative law are also examined. Part Two attempts to explain why some of

There is an increasing interest in the category of “public administration” in Russian administrative law. The article argues for the development of this category’s comprehensive concept that would meet the needs of the Russian legal system’s modern advancement. The article considers the theoretical grounds for this concept in pre-Soviet administrative law, and diring the Soviet period. The authors reveal the category’s essential features, after analyzing contemporary Russian researchers’ ideas regarding its role and significance in dynamic Russian administrative law. Approaches to conceptualizing public administration in Russian and foreign administrative law are considered in the article and the authors contemplate the necessity and possibility of providing an integrative definition of this category as the basic concept of administrative law. Public administration is mapped within such concepts as executive and administrative power, government, state and municipal administration, public administration and governance. Public administration and governance are rationalized as paired categories within Russian administrative law theory. Within the framework of comparative law, the approaches to classifying the forms of public administration activities related to the implementation of administrative functions are analyzed. On the basis of the analysis, it is proposed to identify such forms of activities as intervening and facilitating public administration as well as public administration through services provision. The paper further considers specific features of public administration’s organizational structure and its types in the modern state. The authors conclude on the feasibility of developing and adopting a law on the federal public administration, and, on the basis of this law, to pass the regional legislative acts on the public administration entities of the Russian Federation.

The Right to Be Taken Seriously

The issue of the passage of time is important for administrative law, and the legal effects of the passage of time are much more diverse in this branch of law than, for example, in civil law. Until recently there were no general studies of the issue of the statute of limitations in administrative law. According to the current views of doctrine, the statute of limitations is an institution present in administrative law, albeit only in a residual form. Its construction consists of the lapse of time specified in the administrative law regulations and the passivity of the entity authorized to take a particular action, which results in the expiration of rights or obligations. The article attempts to assess whether the time limits for the elimination of administrative acts from legal turnover in extraordinary procedures regulated by the Code of Administrative Procedure can be referred to as the statute of limitations, despite the constructional differences.

Comparative administrative law is a long-standing discipline. The study of other administrative law systems both in order to understand one's own system better and to find models for improvement has been occurring for over 150 years. This article describes the scope of the subject, the values served by administrative law, and influences shaping administrative law. It also compares the powers, organizations, and procedures of the administration, as well as legal redress.

In 1936, the Institute of State Law of the USSR Academy of Sciences underwent an internal reorganization, as a result of which three sectors were formed, one of which was the public law sector. Since that time, the current Sector of Administrative Law and administrative procedure has its history. In the 20–30s of the XX century, the science of administrative law developed poorly, scientists were subjected to political repression for their scientific beliefs. In the mid-30s, the idea of the death of Administrative Law was even replicated. The leading positions were occupied by the science of management. Meanwhile, the scientific staff of the sector continued to develop the science of Administrative Law. With the beginning of the Great Patriotic War, many of them went to the front. The country noted their exploits with state awards. S.S. Studenikin became the first scientist who defended his dissertation for the degree of PhD in Law in Administrative Law (1940). In the 50–60s, in the Sector work was actively carried out to train young specialists in the field of Administrative Law. The name of the Sector has repeatedly changed, but service to the state and science remained unchanged. In the 60s, new directions of scientific research were formed at the Institute, reflecting the issues of strengthening Soviet democracy, forms and methods of people's participation in the leadership of the state and society, etc. The result of the fruitful work of the staff of the Sector was the publication of a number of monographs on Administrative Law. The political and economic transformations of the 80–90s could not but be reflected in the works of the scientific staff of the Sector. In the late 90s - early 2000s, the direction of research in the Sector changed towards the administrative process and the problems of automated control systems. In 2018, the Sector of Administrative Law and administrative process was established. Currently, the scientific staff of the Sector carries out fundamental, exploratory and applied scientific research on the conceptual problems of Administrative Law, administrative process and Financial, Tax, Budget Law. Actively participates in the work on the reform of administrative and tort legislation, legislation regulating control and supervisory activities, are members of the expert subgroups of the Government of the Russian Federation on the development of the draft of the new Administrative Code of the Russian Federation. During its 85-year history, the Sector has given the country and science a lot of honored scientists and honored lawyers, outstanding scientists who have left significant fruits of their scientific research that will be relevant and in demand for a long time.