Administrative Jurisdiction

Administrative Jurisdiction

 

as defined by law, the activity of governmental administrative agencies and their officials in solving individual administrative cases and in applying the corresponding legal sanctions by administrative procedure. The jurisdiction of the governmental administrative agencies in the USSR and other socialist countries is based on the strict observance of the principle of legality and is clearly regulated by the appropriate legal acts—for instance, the Apr. 12, 1968, edict of the Presidium of the Supreme Soviet of the USSR “On the Procedure for Hearing Citizens’ Requests, Petitions, and Complaints.” Several agencies of the USSR governmental administration and their officials exercise administrative jurisdiction within certain limits set by law—for instance, the chief of a local militia office can impose a fine for the commission of an administrative offense (a minor offense) which manifests itself as petty hooliganism. In the USSR, according to law, people’s judges, administrative commissions for cases of minors, and several other agencies have been invested with the powers of administrative jurisdiction.

The organization of the activity of governmental agencies in exercising administrative jurisdiction is regulated by administrative procedural law. Soviet law stipulates that administrative jurisdiction must be exercised within a legal framework in a public manner and that all the guarantees and rights of the citizen provided by law must be observed. These guarantees include the right of a person whose case is being heard under administrative jurisdiction to acquaint himself with all the materials of the case, to present evidence in his own defense, and to demand the summoning of witnesses, the appointment of experts by the commission, the interpellation of documents, and so forth.

In bourgeois states, the administrative jurisdiction of administrative bodies is more broadly defined and the jurisdiction of the courts is correspondingly more restricted. In these states, the activity of administrative authority is broadly defined as to have free discretion (so-called discretionary power) in applying measures of administrative penalty. For instance, in Great Britain the Council of Administrative Tribunals was created by the law on tribunals and inquiries (1958); this council hears a great number of cases, which are thus removed from the courts of general jurisdiction. In the Federal Republic of Germany the jurisdiction of administrative bodies has been significantly broadened by the law on administrative offenses of Mar. 25, 1952.

N. G. SALISHCHEVA

References in periodicals archive ?
Reacting to the abrogation and bifurcation, Hua Chunying, the spokeswoman of the Chinese Ministry of Foreign Affairs (MOFA) said in a press briefing on 6 August that 'China has always opposed the Indian side's transfer of Chinese territory in the western sector of the Sino-Indian border into the administrative jurisdiction of India.
Chinese Foreign Ministry Spokesperson Hua Chunying has recently said that China has always opposed India's inclusion of the Chinese territory in the western sector of the China-India boundary into its administrative jurisdiction. Hua said in a statement that India has continued to undermine China's territorial sovereignty by unilaterally changing its domestic law,' She further said that such practice was 'unacceptable and will not come into force.' She also said, 'We urge India to exercise prudence in words and deeds concerning the boundary question, strictly abide by relevant agreements concluded between the two sides and avoid taking any move that may further complicate the boundary question.'
Chinese Foreign Ministry spokesperson Hua Chunying has recently said that China has always opposed India's inclusion of the Chinese territory in the western sector of the China-India boundary in its administrative jurisdiction. Hua said in a statement that India has continued to undermine China's territorial sovereignty by unilaterally changing its domestic law.' She further said that such practice was 'unacceptable and will not come into force.' She also said, 'We urge India to exercise prudence in words and deeds concerning the boundary question, strictly abide by relevant agreements concluded between the two sides and avoid taking any move that may further complicate the boundary question.'
Summary: TEHRAN (FNA)- Days after India declared Ladakh a separate territory under the direct control of the central government, Beijing on Monday made it crystal clear that it does not accept this and that it will not change its position that China exercises sovereignty and administrative jurisdiction over the territories involved.
Separately, in response to the establishment of the Ladakh Central Territory, which involves the territory of the western section of the Sino-Indian border, Hua said: "A: China has always opposed the Indian side's entry of the Chinese territory in the western section of the Sino-Indian border into the administrative jurisdiction of India.
'China is always opposed to India's inclusion of the Chinese territory in the western sector of the China-India boundary into its administrative jurisdiction,' foreign ministry spokeswoman Hua Chunying said, in response to a question regarding India's announcement of the Ladakh region as a Union Territory which also includes Chinese territory.
2008-05, the guidelines in the preparation of Integrated Watershed Management Plans (IWMP) and programs of all watersheds in the country, regardless of their classification, size, use, and administrative jurisdiction, was issued.
Unlike officials of the executive and legislative branches, members of the judiciary are not covered by the administrative jurisdiction and disciplinary power of the Office of the Ombudsman.
The resolution, which was adopted by a majority vote with 26 voting in favor, affirms the inadmissibility of seizing lands by force and the illegitimacy of the Israeli occupation's decision to impose its legal and administrative jurisdiction over the Golan, in addition to denouncing settlement activities.
He said the National Institute of Rehabilitation Medicine (NIRM), under the administrative jurisdiction of the Ministry of National Health Services, Regulations and Coordination is a primarily set up for the prevention, cure and medical rehabilitation of the disabled population of Pakistan.
The rationale for the ruling is similar to the doctrine of primary administrative jurisdiction in Philippine jurisprudence, under which legal controversies are entrusted by law to be resolved by administrative agencies.
He further said that he had written a letter to the provincial government for deciding the administrative jurisdiction of all civic agencies to avoid overlapping of authority.

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