Oct 2011

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The Verwaltungsverfahrensgesetz VwVfG, which was enacted in 1977, regulates the main administrative procedures of the federal government. It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities. The VwVfG basically applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of making federal law. It defines the administrative act, the most common form of action in which the public administration occurs against a citizen. In addition to the regulation of the administrative procedure, the VwVfG also constitutes the legal protection in administrative law beyond the court procedure.

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Oct 2011

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Valery Zorkin stressed that "the «separation of powers» principle, also proclaimed in the Constitution of the Russian Federation, requires observance of judicial independence. And such independence requires proper funding of the courts and their activities. It is well known that Russian courts remain under funded. However, the cumulative economic costs suffered by both state and private enterprises as the result of under performance by various judicial institutions, especially by the courts of general jurisdiction and the arbitration courts, is at least twice the order of magnitude as the financial burden carried by the state and society in financing such judicial institutions. The elimination of under funding of the courts would definitely improve the efficiency of their work and be worthwhile. Lawyers refer to ‘the rule of law’ because a society which is governed without law leaves ordinary people at the mercy of the arbitrary abuse of power by those who are simply powerful. In some countries the rule of law is absent – think of Cambodia during the rule of Pol Pot and the Khmer Rouge, for example – and when that happens, life is very difficult for ordinary people who have no way of protecting themselves from the powerful. In societies where the rule of law exists, people may even be relatively unaware of it, because their life is not interfered with by corruption and abuse of power. Australia is a country where the rule of law mostly exists, and although its legal system is not perfect in every respect, it does restrain unfettered power in many respects. Lawyers can use the law to hold governments accountable. If you want to write a postdated check just hoping it won't be cashed before a certain date, check your state's law first.

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