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K ZÁSADE PRESVEDČIVOSTI ROZHODNUTIA

100%
Turčan M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
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vol. 100
|
issue 5
503 – 512
EN
This paper deals with concept of convincingness in the area of application of law, namely with so-called precept of convincingness of decision which applies in judicial and administrative proceedings. The author tries to circumscribe theoretical criteria of convincingness of a legal decision. Among these criteria belong truthfulness resp. rightness of factual and legal premises of decision, logicality of decision and complexity of arguments used in the decision. Each of these general criteria needs to take into account specifics of legal environment and legal methodology. The author also formulates two possible understandings of the precept of convincingness of decision in relation to concept of rightness of decision and he does so in context of importance of idea bases of judges and officials in rendering and substantiating of their decisions. The author labels these two understandings as “hard” and “soft”. First is based on assumption of possibility to reach non coincidentally objectively right decision, the second denies such assumption (at least for some cases) and is based on relative rightness of decision (i.e. coherence of its rational author).
2

ZÁSADA VÝCHOVNÉHO PÔSOBENIA V SPRÁVNOM KONANÍ (INAUGURAČNÁ PREDNÁŠKA)

88%
Srebalová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
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vol. 101
|
issue 3
209 – 225
EN
The article is focused on a meaning, content and expression of the principle of educational influence in the administrative proceedings. Educational influence by the administrative authorities on parties to the proceedings significantly influences the functioning of the whole society. Specifically this concerns the fulfilment of public administration tasks. The principle of educational influence within the framework of the basic rules of general administrative proceedings, under the Act No. 71/1967 on Administrative Proceedings required the administrative authorities to strengthen the citizensʹ confidence in the correctness of the decision and also to make the decisions convincing. Such content reflects the principle that the administrative authorities should act convincingly. The significance of analysed principle is confronted with trends in the development of the public administration and of the administrative law in terms of the conditions of the Slovak Republic in connection with the development of European public administration. It is characterized in particular by the fulfilment of the claims contained in the concept of good administration, but also by the crisis of trust in public institutions. In this regard, the article highlights in particular, the persistent problem of the absence of adequate legal regulation of the administrative punishment in Slovak circumstances. Such a regulation, as well as a general regulation of administrative procedure should reflect common European values and the specific values and goals of administrative proceedings of each state as well. Incorporation of the principle of convincingness between their basic rules would be consistent with a preventive role of the public administration and the effective fulfilment of its tasks.
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