Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law shall apply to the use of the law in general administrative courts.
This law shall also apply in cases where an appeal is brought against a decision of administrative authority or an additional appeal by an administrative authority or an appeal hearing from the Board of Appeal or other In the form of a special authority.
Articles 37 to 50 of this Act shall apply only to court.
In the case of the other authority, the oral hearing, the oral statement and the review shall apply to the (2003) Articles 37, 38, 40 and 42.
Where a law adopted in another law or before the entry into force of this Act contains provisions derogating from this law, they shall apply instead of this Act.
The decision taken in the case of management shall be subject to appeal as laid down in this Act.
The decision to appeal shall be construed as referring to the measure in which the case has been or is inadmissible.
The appeal shall not be made by an internal administrative order for the performance of a function or other measure.
The decision may appeal to the addressee of the decision, or to the immediate effect of the decision, the obligation or the decision.
In addition, the authority shall have the right to appeal if the law so provides, or where the right of appeal is necessary for the public interest to be supervised by the Authority.
The decision on the amendment to the correction may only be appealed against by the person who has lodged an objection. If the administrative decision has been amended or has been repealed, the decision to review the claim shall also be lodged by the person who, under Article 6 or by other law, is entitled to appeal.
An appeal to the decision of the authority and the Ministry of State is to appeal to the Administrative Court. Appeal against the decision of the General Council to appeal to the Supreme Administrative Court.
The complaint may be made on the grounds that the decision is unlawful.
L to 82/2015 Article 7 shall enter into force on 1 January 2016. The previous wording reads:
The decision of the Government and the Ministry of State may be appealed to the Supreme Administrative Court. The complaint may be made on the grounds that the decision is unlawful.
The decision of the Government of the Government may be appealed to the Administrative Court. (26.3.1999)
Out of the appeal against the decision of the municipal authority (365/95) .
Decision on the decision of the Åland Government and its subordinate authority and the Municipal Authority of the Åland Islands in the Åland Islands of Åland (1144/91) .
The appeal against the decision of the Evangelical Lutheran Church and its congregation and of its congregations shall be laid down in the church law (1054/93) . The decision of the Orthodox Church and its parish authority is laid down in the Law on the Orthodox Church (22/69) .
See: KuntaL 365/1995 Chapter 11 , from the beginning of the mandate of the Board of Governors in 2017, KuntaL 410/2015 Chapter 16 And Article 147 (1). See also the Autonomous Province of Åland 1144/1991, ARTICLE 25 And KirkkoL 1054/1993 chapter 24 . On the Orthodox Church 521/69 Has been repealed by L 985/2006 , see L Orthodox Church Chapter 10 of the ec Treaty .
The decision on administrative law may be appealed to the Supreme Administrative Court.
The right to appeal against a decision other than those referred to in Articles 7 to 9 shall be expressly provided for.
The submission shall be made to the same authority to which the decision is to be subject.
The appeal shall be lodged with the administrative court whose jurisdiction is the subject of an appeal against the decision. If this criterion cannot be used, the appeal shall be lodged with the administrative court in which the head office of the issuing authority is situated or, in the absence of any justification, to the administrative court in whose jurisdiction the The decision has been taken.
By way of derogation from paragraph 1, a decision of an authority with the jurisdiction of the whole of the country shall be lodged with the administrative court of which the decision of the courts is most relevant in the light of the fact that: The main part of the territory or property referred to in the decision, or the home of the person concerned, or the domicile of the entity to which the decision essentially relates.
In the absence of a competent administrative court under paragraphs 1 and 2, the appeal shall be lodged with the Administrative Court of Helsinki.
The law expressly provides for when the decision of the authority referred to in Articles 7 to 9 is not to be appealed against, or when the appeal is required for appeal to the highest administrative court.
Where, under other law, an appeal warrant is required for a decision of the Administrative Court to the Supreme Administrative Court, the authorisation shall be granted if:
(1) in other similar cases or in the interests of consistency of case-law, it is important to refer the matter to the Supreme Administrative Court;
(2) there is a specific reason for bringing the matter to the Supreme Administrative Court for reasons of manifest error; or
(3) there is another reason for the granting of an authorisation.
The authorisation may also be granted in such a way as to cover only part of the decision of the administrative court which is the subject of the appeal.
Where an appeal is prohibited or the choice of appeal is required in the main proceedings, the corresponding restriction shall also apply to the decision on the main issue.
The restrictions of the right of appeal referred to in this Article shall not apply to the decision of the administrative court to issue an appeal, unless otherwise specified otherwise.
L to 82/2015 Article 13 will enter into force on 1 January 2016. The previous wording reads:
The law expressly provides for when the decision of the authority referred to in Articles 7 to 9 is not to be appealed against, or when the appeal is required for appeal to the highest administrative court.
Where, under other law, an appeal warrant is required for a decision of the Administrative Court to the Supreme Administrative Court, the authorisation shall be granted if:
(1) in other similar cases or in the interests of consistency of case-law, it is important to refer the matter to the Supreme Administrative Court;
(2) there is a specific reason for bringing the matter to the Supreme Administrative Court for reasons of manifest error; or
(3) there is another reason for the granting of an authorisation.
(2/9698)The authorisation may also be granted in such a way as to cover only part of the decision of the administrative court which is the subject of the appeal. (2/9698)
Where an appeal is prohibited or the choice of appeal is required in the main proceedings, the corresponding restriction shall also apply to the decision on the main issue. (2/9698)
The decision to appeal shall be accompanied by a complaint.
The statement of appeal shall state:
1) the appeal authority;
(2) the authority to which the appeal must be submitted; and
3) the time of appeal and where it is calculated.
The statement of appeal shall contain the provisions concerning the content of the appeal and the annexes and the submission of the complaint.
Where an appeal is required, the appeal shall also include a statement of the appeal and a point of law relating to the authorisation and the grounds on which the appeal may be granted.
Where complaints are prohibited under a specific provision, the decision shall state the prohibition of appeal. The notification shall indicate which provision is based on the prohibition.
If no appeal has been lodged or incorrectly indicated that the decision may not be appealed, the authority shall issue a new law of appeal.
Where an appeal is not incorrect within the meaning of paragraph 1, a new order of appeal shall be issued by the authority if it is requested in the time of appeal mentioned or provided for in the appeal.
The time of appeal shall be read when the new order of appeal is served.
Unless otherwise provided for in this Chapter, the power of speech shall be exercised by his guardian, guardian or other legal representative.
The power of power alone shall be entitled to exercise the power of speech on a matter of income or wealth which he has the right to power.
In the case of a person who has completed 18 years of age, he alone uses his own voice to understand the meaning of the matter. (11.4.1999)
A minor who has completed 15 years, and his legal guardian or other legal representative, shall both have the right to speak separately on a matter relating to a minor or personal interest or right.
The guardian, who has been appointed to a full authority, shall exercise independently the power of speech on matters which are part of his or her duties. If the guardian and his clients disagree with the speech, the client's position will be decisive if he is able to understand the meaning of the matter.
If the capacity of the client is limited by other means than the declaration of underpower, the guardian alone shall exercise the voice of the principal in a matter for which the client has no right to decide. However, the guardian and his clients, together, make use of the power of speech in a matter which they must decide together.
When the guardian, the guardian or any other legal representative shall exercise the power of speech, the principal and the principal shall be consulted by the guardian, the guardian or any other legal representative, if the hearing is necessary for the interests of the client or To investigate.
If, in the event of illness, mental illness, impaired health or any other comparable cause, the party is unable to supervise his interests in the proceedings, or if the party's guardian is prevented from being obstructed or otherwise prevented, The court or tribunal in which the proceedings are pending may, on its own motion, order the party concerned to hold the proceedings. The guardian is subject to the law of the guardian (442/1999) Provisions.
Unless the court decides otherwise, the trustee's order shall also be valid at a higher judicial level in which the appeal is brought.
The agent shall be allowed to use the agent and the assistant. A lawyer or other person acting as a lawyer or assistant may act as a lawyer or other honest and capable person who is not in bankruptcy and whose viability is not limited. However, the person or assistant shall not act as a person who has been involved in the proceedings before the authority or has been the agent or assistant of the counterparty. (11.4.1999)
The obligation of professional secrecy for the client, assistant and their assistant shall be valid: Article 17, Chapter 15, of the Court of Justice; Provides for. The client and his/her assistant shall also apply: Article 3, Section 3, of the Court of Justice (2) and Article 10a
The document shall be presented by a client unless he has been authorised orally by the Head of Appeal. In the absence of a proxy, an opportunity must be provided, if necessary, which does not prevent further proceedings during this period. Law of the lawyer, public defender and authorised legal advisers (19/2011) Shall submit a proxy only if the appeal authority so determines.
A client may not, without the consent of the principal, transfer to another person an authorisation given to a designated person.
L to 79/2015 Article 21 shall enter into force on 1 January 2016. The previous wording reads:
The document shall be presented by a client unless he has been authorised orally by the Head of Appeal. In the absence of a proxy, an opportunity must be provided, if necessary, which does not prevent further proceedings during this period. A lawyer and a public defender shall present a proxy only if the appeal authority so determines.
A client may not, without the consent of the principal, transfer to another person an authorisation given to a designated person.
The appeal shall be lodged within 30 days of the notification of the decision. For the purpose of calculating the time of appeal, the date of the date shall not be taken into account.
The appeal shall be made in writing. In a statement of appeal, which must be addressed to the Appellate Authority, it must be stated:
(1) a decision appealed against;
(2) what the decision is to change and what changes are required; and
(3) the criteria for which a change is required.
Where an appeal is required in this case, the appeal must state the reasons for the appeal.
The statement of appeal shall state the name and home of the appellant. Where the appellant's power to speak is exercised by his or her legal representative or agent, or if the appeal is made by another person, the appeal shall also include the name and home municipality.
In addition, the letter of appeal shall indicate the postal address and telephone number to which the relevant notifications may be made.
An appeal shall be signed by the appellant, the legal representative or the agent.
The statement of appeal shall be accompanied by:
(1) a decision to which an appeal shall be lodged in the form of a copy, original or a copy;
(2) the date of notification of the decision, or any other explanation of the date of the start of the appeal period; and
(3) the documents to which the appellant relies in support of its claim, unless they have already been submitted to the Authority.
The document shall be annexed to the appeal by the client according to the provisions of Article 21.
The appeal shall be submitted to the appeal authority within the time of appeal.
If, pursuant to a specific provision, the appeal is to be sent to an authority other than the Appellate Authority, but it has been forwarded to the Appellate Body within the time of appeal, the appeal shall not be dismissed as inadmissible.
The person in the closed institution may also, during the appeal, submit a complaint to the Director of the institution. This shall be forwarded without delay to the appeal authority or, if the appeal is to be sent to the other authority under a specific provision, to that authority.
Where the administrative decision has not been amended or revoked as a result of the appeal, the applicant shall, in the course of its appeal against the decision to review the objection, raise new pleas in law. He may also present a new requirement based on a change in circumstances or a point which has been raised.
After the expiry of the period of appeal, the appellant shall, in the present case, present only a new requirement based on the change of circumstances or after the end of the period of appeal to the appellant's knowledge. The appellant may also call for a ban on enforcement or a further side requirement.
After the expiry of the period of appeal, the appellant may submit new pleas in support of his claim, unless it is replaced by another.
If the appeal is incomplete, the appellant must be given an opportunity to supplement it, unless it is unnecessary to supplement it.
In order to supplement the complaint, the appellant must be given a reasonable time limit and at the same time to indicate the manner in which the appeal is incomplete.
Where a complaint has been initiated by an apparent error or omission by an authority which does not fall within its jurisdiction, the authority may refer the complaint to the competent authority. If the competent authority is manifestly clear, there is no need to take a decision on the admissibility of the appeal. The transfer shall be notified to the appellant.
The prescribed time limit shall be deemed to have been complied with if the appeal has been lodged with the right authority within the time of appeal.
In the event that a complaint has been lodged in accordance with the incorrect procedure, the complaint is therefore not declared inadmissible.
If the appeal is brought before the wrong authority for the reason referred to in paragraph 1, or the appeal has been lodged with the wrong authority, the authority shall transfer the appeal to the right authority. The transfer shall be notified to the appellant.
At the request of the party, the authority shall inform him of the assessment of the time taken.
The decision to appeal against the appeal shall not be implemented until it has obtained the force of the law.
However, the decision may be implemented without force if the law so provides or if the decision is of such a nature that it must be implemented immediately, or if the implementation of the decision cannot be deferred in the public interest.
If a complaint is required, the appeal shall not prevent enforcement. However, implementation must not be carried out if the appeal is rendered useless by enforcement or if the Council of State prohibits enforcement.
L to 82/2015 Article 31 shall enter into force on 1 January 2016. The previous wording reads:
The decision to appeal against the appeal shall not be implemented until it has obtained the force of the law.
However, the decision may be implemented without force if the law or regulation so provides, or where the decision is of such a nature that it must be implemented immediately, or if the implementation of the decision is not applicable in the general interest Postpone.
If a complaint is required, the appeal shall not prevent enforcement.
Once the appeal has been lodged, the Appellate Body may prohibit the implementation of the decision or order it to be suspended or issued any other provision on enforcement.
In its closing decision, the appeal authority shall, where appropriate, pronounce on the validity of the order for enforcement. If the decision is to be appealed, it may stipulate that the implementing order shall remain in force until the decision is final or the appeal authority decides otherwise.
At the same time, if the appeal authority decides to refer the case back or refer the matter back to the court, it may, at the same time, order that the decision which has been repealed must continue to be complied with until the case is resolved or the competent authority decides otherwise.
The authority concerned shall ensure that the matter is clarified and, where appropriate, addressed to the party concerned or the administrative authority which made the decision, what further explanation should be provided.
The Appeals Authority shall obtain an ex officio report to the extent required by the fairness, fairness and the quality of the case.
Everyone has a duty to appear before the Court of Justice and to allow the lodging of a review or to submit an item or document referred to in Article 42 to the Court, unless otherwise provided for by law.
Where a person has an obligation or a right to refuse to testify before a court, he or she shall not be obliged to present a document or object or to allow a review to be submitted with a view to disclosure of a professional secrecy or A non-confidential matter.
L to 79/2015 Article 33a shall enter into force on 1 January 2016.
Before a decision is taken, an interested party shall be given an opportunity to comment on the requirements of others and any explanations which may affect the outcome of the case.
A decision shall be taken without prior consultation of the party concerned, if the claim is inadmissible or rejected immediately or if the consultation is manifestly unnecessary.
Restrictions to the right of a party to be informed of a public authority's document, which is not public, shall be provided separately.
A reasonable period shall be set aside for the party concerned to give an explanation. At the same time, he shall be informed that the case may be settled after the deadline, even if no explanation has been given.
The Authority shall obtain an opinion from the managing authority which has taken a decision in this case, unless it is unnecessary.
An opinion other than the authority referred to in paragraph 1 may also be sought for the purpose of obtaining a report.
A deadline should be set for issuing an opinion.
If necessary, an oral hearing will be provided. It may consult the parties, the authority, witnesses and experts referred to in Article 36 and receive further information.
The oral procedure may be limited in such a way as to cover only part of the case, the examination of the views of the parties or the receipt of the oral evidence, or in any other equivalent manner.
The administrative court shall submit an oral hearing if it is requested by a private party. The same applies to the Supreme Administrative Court when it deliberated on the decision of the managing authority. An oral hearing requested by an interested party may not be submitted if the claim is inadmissible or rejected immediately or if the oral hearing is manifestly unnecessary for reasons of quality or for any other reason. (26.3.1999)
Paragraph 1 shall not apply where the party requesting the oral procedure is based on the membership of the municipality or of the other Community.
If the party asks for the oral procedure to be submitted, he/she must indicate why it is necessary to submit it and what explanation would be given at the hearing.
An oral hearing may be heard as a witness to a person whose party or the managing authority who made the decision designates or is consulted by the Appellate Authority. Where a private written witness report is invoked, the witness shall be heard orally only if it is necessary to clarify the case.
L to 79/2015 Article 39 shall enter into force on 1 January 2016. The previous wording reads:
A hearing may be heard at the hearing as a witness to a person whose party or decision is designated by the managing authority or which the appeal authority considers to be necessary. Where a private written witness report is invoked, the witness shall be heard orally, unless it is unnecessary or there is no specific obstacle.
On the basis of truth insurance, the parties may be consulted on matters of particular importance in determining the case.
By the way, the hearing of the witness is valid, mutatis mutandis, Court proceedings Chapter 17, Chapter 17, 18-39 § provide for the consultation of the interested party on the basis of truth insurance, as provided for in Articles 62 to 65 of the same chapter.
The person who is a party to the proceedings cannot be heard as a witness or any other person whose right, interest or duty is directly affected by the proceedings, and not by their legal representative.
Nor can the person who acts as a representative of the administrative authority involved in the decision or otherwise involved in the proceedings be heard in the same trial.
L to 79/2015 Article 39a shall enter into force on 1 January 2016.
The present or former spouse of the party, or the current partner, siblings, relatives directly in the ascending or condescending line, or the person holding a close relationship with a similar relationship or family, shall receive Refuse to testify.
If the person referred to in paragraph 1 consents to testify, the consent shall not be withdrawn unless otherwise provided for by the obligation of professional secrecy or secrecy laid down in this Act.
In addition to the provisions of paragraph 1, the witness may refuse to testify to the extent that the evidence of proof would indicate:
(1) commercial or professional secrecy, unless the quality of the case is taken into account, taking into account the nature of the case, the relevance of the evidence and the consequences of non-presentation and other circumstances requiring proof; or
2) the law on the use of freedom of expression in the media (460/2003) Referred to.
Furthermore Article 33 of Chapter 17 of the Court of Justice, The anonymous witness shall refuse to testify to the extent that evidence might reveal his identity or contact details.
L to 79/2015 Article 39b enters into force on 1 January 2016.
The content of the decision of the appeal authority shall not be proved.
Any person other than Article 33 of Chapter 17 of the Court of Justice, The anonymous witness shall be obliged to refuse to testify to the extent that evidence could reveal the identity of the anonymous witness or his contact details.
In addition, the obligation to refuse to testify shall apply: Article 10 of Chapter 17 of the Court of Justice; Article 11 (3), Article 12 (3) to (5), Article 13 (1) and (3), Article 15 (1) and Article 16.
Article 11 of Chapter 17 of the Court of Justice (3), Article 12 (3) to (5), Article 13 (1) and (3), and Article 16, the obligation to refuse to testify, even if the person concerned is no longer in the position where he has been informed of the evidence.
The person who has received Article 11 of Chapter 17 of the Court of Justice Where the information referred to in paragraph 3 or Article 13 (1) or (3) of the information referred to in Article 13 (1) or (3) of the Act referred to in Article 13 (1) or (3) of the Act referred to in Article 13 (1) or (3) of the Act referred to in Article 13 (3), or Persons. However, the person acting in the service or assistance may be ordered to testify Article 15 of Chapter 17 of the Court of Justice Under the conditions laid down in paragraph 1.
L to 79/2015 Article 39c enters into force on 1 January 2016.
A witness who is covered by other law of professional secrecy may only be heard if:
(1) consultation is necessary to clarify the case; or
(2) the person who is protected by the obligation of professional secrecy is willing to testify.
However, the authority shall not be heard by a witness in the context of the obligation of professional secrecy referred to in paragraph 1 where there is an overriding public interest or interest of the child or other very important private In the interests of the benefit of particular weight and failure to consult, does not jeopardise the achievement of a fair trial.
L to 79/2015 Article 39d enters into force on 1 January 2016.
If the witness refuses to testify, he shall state the reasons for his refusal and make it likely that it will be supported.
However, if a person refuses to testify on the basis of Article 39b (4) or Article 39c (2), the refusal shall be accepted, unless he is clearly mistaken for the content of the right or obligation to refuse, or Otherwise manifestly unfounded.
L to 79/2015 Article 39e enters into force on 1 January 2016.
The hearing of the witness shall be subject to the provisions of The curfew of Chapter 17, Chapter 17, Articles 43, 44, 46, 50, 51 (1) and (2), 52 and 62 to 64.
L to 79/2015 Article 39f enters into force on 1 January 2016.
A person who, on the basis of Article 39a, cannot be heard as a witness in the oral hearing may also be heard in the hearing if a consultation is necessary to clarify the case.
L to 79/2015 Article 39g enters into force on 1 January 2016.
The competent authority may, in accordance with the provisions of this Regulation, acquire specific expertise from a private expert, in accordance with the provisions laid down in Justice curing chapter, Chapter 17, 34-36 Articles 43, 45, 46 and 50, Article 51 (1) and (2) and Articles 52 and 64.
L to 79/2015 Article 40 shall enter into force on 1 January 2016. The previous wording reads:
The Authority may obtain an opinion from a private expert on the issue of specific expertise, as appropriate, in accordance with Article 46 of Chapter 17 of the Court of Justice (2), Articles 47 and 48 and Articles 49 to 52.
If a party relies on an expert who is not appointed by the Board of Appeal, this is in force as to what the witness provides.
In order to clarify the case, the authority may supply an item which cannot be brought to the Appellate Authority, or a fixed asset or place or other object. The review shall be subject to the provisions of Article 40 of Chapter 17 of the Court of Justice, And what this law provides for oral treatment.
L to 79/2015 Article 41 enters into force on 1 January 2016. The previous wording reads:
A review may be carried out to clarify the case. The review shall apply mutatis mutandis to the oral procedure provided for in this Act.
A document or object may be presented to the complaint authority. The lodging of a document and an article to the Authority shall be governed by the provisions of Chapter 17 of the Court of Justice Articles 39 and 40.
L to 79/2015 Article 42 will enter into force on 1 January 2016. The previous wording reads:
The lodging of a document and an article to the Appellate Authority shall apply mutatis mutandis to: Chapter 17 of the Court of Justice Articles 11 to 14 and Article 15 (2) and (3) provide for written evidence and Article 57 (1) of the same chapter provides for the introduction of an article for inspection.
The authority shall invite the parties to the oral hearing, the representative of the issuing management authority and the other persons whose presence it considers to be necessary. If the oral procedure is restricted within the meaning of Article 37 (2), the parties whose presence is manifestly unnecessary should be excluded.
The party or his/her legal representative shall be invited, at the risk of an oral hearing, that absence shall not prevent the handling and resolution of the case. He may be invited to appear in person for oral hearing, if necessary in order to clarify the matter. The threat of a fine can then be imposed.
The authority responsible for the summoning of the persons referred to in paragraph 1, as well as the witness and the expert, shall, in accordance with the provisions of the Administrative Act, ensure that the summoning of the persons referred to in To be looked after.
The hearing of the witness and of the expert shall otherwise be subject to the provisions of the Chapter 17 of the Court of Justice Articles 41 and 42.
L to 79/2015 Article 43 shall enter into force on 1 January 2016. The previous wording reads:
The authority shall invite the parties to the oral hearing, the representative of the issuing management authority and the other persons whose presence it considers to be necessary. If the oral procedure is restricted within the meaning of Article 37 (2), the parties whose presence is manifestly unnecessary should be excluded.
The party or his/her legal representative shall be invited, at the risk of an oral hearing, that absence shall not prevent the handling and resolution of the case. He may be invited to appear in person for oral hearing, if necessary in order to clarify the matter. The threat of a fine can then be imposed.
The summoning of the persons referred to in paragraph 1, as well as of the witness and expert, shall be exercised by the Appeals Authority in accordance with the provisions of the Administrative Act. The party may also be invited to the oral hearing by sending an invitation to the party to the address to the address to the court. (6.6.2003/435)
Where a party or his legal representative, who has been summoned to appear in person at the time of the fine to appear in person, does not comply with the invitation or place of the agent, the appeal authority shall, if it continues to keep the The need for a personal presence, to be condemned by the periodic penalty payment and to impose a new higher fine on the fine. The penalty payment shall not be payable if the case is handled and resolved in spite of the absence of the person concerned.
If the absence of a party or of his or her legal representative is shown or is known to have been caused by legal impediments, or if there is reason to assume that he has such an obstacle, the treatment shall be withdrawn or suspended. In such a case, the party or his legal representative shall not be convicted of a periodic penalty payment for non-compliance unless it is determined before the end of the proceedings that there was no legal obstacle.
Minutes shall be taken at the hearing to indicate the persons involved, the case and any other information, the decisions taken, the decisions taken and the description of the rest of the proceedings.
The competent authority shall, in the oral procedure, record or otherwise record the hearing of the party concerned, the representative of the issuing managing authority, the witness, the expert and the other.
If it is not possible to store it, the minutes shall be sufficiently precise as to what has been said. The minutes of the oral statement shall be immediately read and the minutes of the statement shall be entered in the minutes of the statement as to whether the statement has been correctly entered in the minutes.
L to 79/2015 Article 46 shall enter into force on 1 January 2016. The previous wording reads:
The hearing of the witness, the expert and the interested party shall be recorded.
If it is not possible to make a pronunciation or if, as a result of the abbreviation of the statement, it is apparently unnecessary, the Minutes shall indicate precisely what has been said. The minutes of the oral statement shall be immediately read and the minutes of the statement shall be entered in the minutes of the statement as to whether the statement has been correctly entered in the minutes.
The record shall be kept for a period of at least six months. However, where an appeal has been lodged, the record shall be kept until the case has been legally settled.
L to 79/2015 Article 47 shall enter into force on 1 January 2016. The previous wording reads:
The amended statement shall be made to a written form if the appeal authority or, where an appeal has been lodged against its decision, the appeal authority considers it appropriate. A copy or a copy may also be made into a written form if requested by a party or other.
The recording shall be kept for a period of at least six months. However, where an appeal has been lodged, the recording shall be maintained until the case has been legally settled.
The Authority may, for a specific reason, decide that the hearing referred to in Article 39 shall be provided by the administrative court or district court in which he is most appropriate to hear it. (26.3.1999)
Similarly, the summoning of the witness and the parties to the hearing shall be valid, as provided for in Article 43 of the Rules of Procedure. The authority shall designate the parties, witnesses and other persons who shall be invited to the hearing and shall indicate whether the parties shall be required to appear in person and whether or not to impose a fine on the fine. The invitation shall be exercised by the Court of Justice, in accordance with the provisions of the Administrative Act. (6.6.2003/435)
The party concerned shall have the right to ask questions and to give its opinion on this report.
The witness is entitled to reasonable compensation for the costs of travel and subsistence and financial loss.
A witness, as well as a witness designated by the State as a party to the State's own initiative, shall be remunerated from State resources in accordance with the provisions of the State resources to be paid separately from State resources.
The party shall pay the compensation to the witness he has designated. A witness who has been appointed by a party other than the State may pay compensation from State resources if the evidence has been necessary to establish the case. The witness is entitled to reimbursement of travel and subsistence costs in advance. The advance payment shall be subject to the provisions of Article 65 of Chapter 17 of the Court of Justice Paragraphs 3 and 4.
What this Article provides for the reimbursement of costs to the witness shall also apply to the reimbursement of the costs of the hearing referred to in Article 39g.
L to 79/2015 Article 49 enters into force on 1 January 2016. The previous wording reads:
The witness is entitled to reasonable compensation for the costs of travel and subsistence and financial loss.
A witness, as well as a witness designated by the State as a party to the State's own initiative, shall be remunerated from State resources in accordance with the provisions of the State resources to be paid separately from State resources.
The party shall pay the compensation to the witness he has designated. The witness is entitled to reimbursement of travel and subsistence costs in advance. The performance of the advance shall apply mutatis mutandis: Article 40 of Chapter 17 of the Court of Justice Paragraphs 4 and 5 shall be laid down.
A witness, as referred to in paragraph 3, who has been designated by a party other than the State, may pay compensation from State resources if the evidence has been necessary to establish the case.
The expert shall be paid a reasonable fee for his work and shall be reimbursed for the necessary expenses from State resources. The authority may order compensation or any part of it to be paid to an expert.
Where a person other than a party is obliged to bring a document or object to the Appellate Authority, the reimbursement of the resulting costs shall be followed by the reimbursement of the costs of the witness.
In its decision, the authority shall provide a solution to the requirements set out in the case. The Authority should consider all the points that have been raised and decide on which points the solution can be found.
If the complaint has not been lodged within the prescribed period, or where there is another obstacle to the settlement of the case or of the claim made therein, the appeal or claim shall be inadmissible.
If the members participating in the decision are not unanimous, they must be put to the vote. The vote will win the vote, which the majority of Members have supported.
In the event of a tie, win the opinion, which the President has supported. In the case of a disciplinary case, in the case of a criminal offence, and when deciding on a judgment in the event of failure to comply with the obligation to safeguard the conduct of the proceedings, a penalty payment, fines or any other special penalty shall be won By the vote, however, an opinion which is less favourable to the person to whom the penalty is addressed.
By the way, voting is in place, mutatis mutandis, as regards voting in the general courts.
The decision shall be justified. The explanatory statement must show the reasons and the legal basis for the solution and the legal basis for it.
Where the matter concerns the imposition of an administrative financial penalty or an appeal to the decision of the administrative authority in which such penalty has been imposed, the Administrative Court or any other judicial body may take into account the fact that: There is a delay and an infringement of the right of the party to the trial within a reasonable time. The administrative court or other judicial body may, in order to compensate for the delay, reduce or eliminate the amount of the administrative financial penalty.
The decision shall include the following:
1) the name of the appeal authority and the date of the decision;
(2) the name and decision of the appellant;
3) a description of the steps in the previous proceedings;
(4) a description of the requirements of the parties concerned and the relevant criteria;
(5) the details of the explanations given in the case;
(6) the reasons and results of the decision; and
(7) the names of the persons involved in the decision-making process and, where the subject has been put to the vote or the rapporteur has expressed dissenting opinions, an indication of the dissenting opinions to be attached to the decision.
The report referred to in paragraph 1 may, in whole or in part, be replaced by the full or necessary connection of a copy of the decision of the Lower Authority, the initiating document or any other document, if the clarity of the decision is not It's been compromised.
The decision to be served by the time of appeal or any other time-limit for the right of the party concerned shall be notified in evidence as provided for in Article 60 of the Administrative Code. The evidence of evidence may also be used if, for any other reason, it is necessary to safeguard the rights of the party concerned. Article 63 of the Administrative Code provides for information abroad.
The service of documents shall otherwise be governed by the provisions of the Administrative Act. However, a document may be served on a general notification only if service is not otherwise available.
The electronic service of the decision and the rest of the document shall be governed by the law on electronic transactions (2003) .
The appeal authority shall rectify the clerical or clerical error in its decision or any other manifest error compared to them. However, the error shall not be remedied if the correction leads to an unreasonable result.
In a multi-member state of appeal, the correction of a clerical error may also be decided by the chairman of the relevant sitting or, in his absence, by a Member of the Board of Appeal.
If the corrected decision has been appealed, the admissibility of the case shall be notified and the decision taken to the appeal authority.
When dealing with the correction of a mistake, the Appeals Authority may prohibit the enforcement of its decision or order it to be suspended.
The correction shall be recorded in the decision on the deposit of the decision and the decision rendered to the party concerned. If the decision rendered to the party concerned is not recovered, he shall receive a copy of the contested decision free of charge.
A decision which has not been accepted by the Appellate Authority for the correction of an error shall not be contested.
In the case of an administrative case, an additional appeal may be lodged by an additional appeal, namely the lodging of a complaint, the repayment of the lost time limit and the demolition.
In response to a complaint, the decision may be deleted:
(1) if the person concerned has not been given the opportunity to be heard and the decision infringes his right;
(2) in the case of any other procedural defect which may have been substantially affected by the decision; or
(3) if the decision is so vague or incomplete that it does not find out how the case has been resolved.
The decision shall not be on the deck if it can be justified on the same basis.
The complaint shall be made to the authority which, under this or any other law or regulation, is regularly informed. In the absence of such an authority, the complaint shall be made to the Supreme Administrative Court.
In the case referred to in Article 59 (1) (1), the complaint shall be made within six months from the date on which the complainant was informed of the decision, and on the basis of the fact referred to in Article 59 (1) (2), within the same period of time when the decision was acquired.
The time limit which has been lost may be returned to the person who, due to a legal obstacle or other very pressing reason, has not been able to:
(1) to initiate an application for public funds based on law or regulation;
(2) appeal against the decision; or
3) take any other measure in the administrative procedure or in the administrative procedure.
The recovery of the lost time limit is sought from the Supreme Administrative Court.
When a legal obstacle is submitted in support of the application, the application shall be made within 30 days of cessation of the barrier.
The recovery of the lost time limit shall be submitted no later than one year after the expiry of the time limit. For particularly weighty reasons, the deadline may be restored after that date.
The decision may be terminated:
(1) where there has been a procedural defect which could have materially affected the decision;
(2) if the decision is apparently based on the application of the wrong law or a mistake which could have materially affected the decision; or
(3) where there has been a new study which would have materially affected the decision, and not because of the applicant's failure to submit a new report.
A decision shall not be taken unless it infringes private law or the public interest is deemed to require termination of the decision.
The landing shall not be applied for if a complaint or complaint may be lodged on the same basis.
The decision will be taken from the Supreme Administrative Court. In the case of a case pending before the Supreme Administrative Court, a decision may be taken without an application or an act.
The application must be submitted within five years from the date of the decision. The same amount of time shall be carried out without an application or an application. For particularly weighty reasons, a decision can be taken after the deadline.
In the same case, the interested party may apply for termination or removal only once, unless it is necessary to re-examine the case.
L to 82/2015 Article 64a shall enter into force on 1 January 2016.
An additional appeal shall be made in writing.
In the appeal, which must be addressed to the competent authority, the claim must be notified and its grounds. The letter shall be accompanied by the decision to which the application relates, the original or a copy, and the documents to which the application is based.
The appeal shall be submitted to the competent authority or to the authority which has taken the decision.
In accordance with the implementing order, the Authority may, in accordance with the provisions of Article 32, issue an enforcement order accordingly.
At the same time, the decision to return the lost time shall provide for the applicant to comply with the deadline for recovery.
The decision may be lifted or, as a result of a complaint, be deleted in its entirety or at any appropriate point. If the matter has to be reconsidered, it shall be referred back to the Authority. If this is not the case, the matter may be transferred to the right authority.
As a result of the complaint or of the decision, the Authority may immediately rectify the decision if it is established.
By the way, the procedure for additional appeal shall apply mutatis mutandis, as provided for in this Act.
In the case of a dispute arising from public-law payment or any other legal relationship governed by public law, as well as a dispute concerning a management contract, to which a decision of the authority is sought, other than By means of appeal ( Governance-issue ), deals with administrative law. (6.6.2003/435)
The application for the initiation of administrative proceedings shall be submitted to the administrative court. The application shall state the measure required and the criteria of the claim.
The administrative court case is dealt with in the administrative court whose jurisdiction the party to which the claim is made is domiciled. If the claim is addressed to the State, the municipality or any other public legal entity, the case shall be dealt with by the administrative court in whose jurisdiction the seat of the authority or institution exercising the authority of such a legal person is situated.
The requirement for a private person's State may also be dealt with in the administrative court of which the person is domiciled.
If, according to the provisions of paragraphs 1 and 2, there is no administrative right, the matter shall be dealt with by the Administrative Court of Helsinki.
The imposition of a tax or charge on the basis of a complaint or payment of a fee is laid down in the law on the levying of taxes and charges (2006) .
L-enforcement of taxes and charges 367/1961 Has been repealed by L 706/2007 , see L-enforcement of taxes and charges 706/2007 ARTICLES 9 TO 11.
Other management operations shall be dealt with in the case of a complaint, an additional appeal or a management agenda shall be initiated by the initiation of a referral document to the authority competent to settle the matter.
The procedure referred to in this Chapter shall, by the way, apply mutatis mutandis to the complaint provided for in this Act.
The party shall be obliged to pay all or part of the costs of the other party, if, in particular, it is unreasonable to have to bear the costs of the proceedings. The provisions of this Article and Article 75 shall also apply to the managing authority of the decision.
In considering the liability of a public party, particular account shall be taken of whether the trial was caused by an error by the authority.
The private party shall not be obliged to pay the costs of the proceedings of a public party, unless a private party has made a manifest unjustifiable demand.
The specific liability of the party concerned shall apply mutatis mutandis: Article 5, Chapter 21, of the Court of Justice; ), and the liability of the party representative, agent and assistant, as provided for in Article 6 of the same Chapter.
The costs of the trial shall, by the way, apply mutatis mutandis: The court of law, Chapter 21, 7 to 16 § provides. Article 8 of Chapter 21 of the Court of Justice However, the interest rate referred to in paragraph 2 shall be fixed as from the date on which the decision has been made available to the parties.
Where applicable, the obstacle of the person handling the complaint and the presentation and processing of an aesthetic claim shall be in force, as provided for by the Judge's aesthetic In Chapter 13 of the Court of Justice .
The appeal procedure shall also be dealt with: Article 6 of Chapter 1 of the Court of Justice Provides for.
The authority shall provide for interpretation and translation if the person does not know the language of the authority. (2003) The language used, or the sensory or speech defect, cannot be understood and:
(1) at the earlier stage of the proceedings, the competent authority has become concerned with interpretation or translation pursuant to Article 26 (1) or any other provision of the Administrative Code;
(2) the judicial authority shall act as a first step in a case initiated by the authority; or
(3) the person is heard orally.
(6.6.2003/435)For specific reasons, the Authority may provide for interpretation and translation in the case referred to in paragraph 1.
An interpreter or a translator shall not be allowed to use a person who is in such a relationship with the party or the person concerned that his or her reliability may therefore be compromised.
The authority shall ensure that nationals of other Nordic countries receive the necessary interpretation and translation.
The legal obstacle shall be valid, In Chapter 12 of the Court of Justice Articles 28 and 29 provide.
The invitation to the person invited to the appeal authority shall state that he shall immediately inform the appeal authority if there is a legal obstacle.
It shall be appealed against the decision taken during the proceedings, which shall:
(1) the right to compensation or compensation for a witness or other person;
(2) the prohibited agent or assistant;
(3) sentenced to a penalty payment, fines or other special penalties for failure to comply with the obligation to ensure the conduct of the proceedings;
(4) the order for the implementation of the decision on appeal, subject to Article 13 (4); or
(5) convicted of obstructing proceedings or any other form of punishment.
In the event of a separate appeal, the appeal shall not impede the implementation of the decision taken in the course of the proceedings, unless the authority or the authority dealing with the appeal decides otherwise.
However, by way of derogation from paragraph 1 (4), the decision to prohibit or suspend the enforcement of the decision under appeal shall not be subject to an appeal against the decision of the administrative court.
L to 82/2015 Article 79 will enter into force on 1 January 2016. The previous wording reads:
It shall be appealed against the decision taken during the proceedings, which shall:
(1) the right to compensation or compensation for a witness or other person;
(2) the prohibited agent or assistant;
(3) sentenced to a penalty payment, fines or other special penalties for failure to comply with the obligation to ensure the conduct of the proceedings;
(4) a provision on the implementation of the decision on appeal; or
(5) convicted of obstructing proceedings or any other form of punishment.
In the event of a separate appeal, the appeal shall not impede the implementation of the decision taken in the course of the proceedings, unless the authority or the authority dealing with the appeal decides otherwise.
However, by way of derogation from paragraph 1 (4), the decision to prohibit or suspend the enforcement of the decision under appeal shall not be subject to an appeal against the decision of the administrative court. (2/9698)
The organisation is in force, which Article 6 of Chapter 14 of the Court of Justice Provides for. In addition, Article 7 of the same Chapter applies to the Court of Justice.
This Act shall enter into force on 1 December 1996.
This law annuls the Law of 24 March 1950 on appeals in administrative matters (154/50) And the Law of 1 April 1966 on an additional appeal in administrative matters (2009) With their subsequent modifications.
This law shall not apply to the complaint or to the submission of a decision taken before the entry into force of this Act, and not to the handling of such a case in the above appeal authority.
Any reference in law or regulation to an appeal in administrative matters or an additional appeal in administrative matters shall mean a reference to this law after the entry into force of this law.
THEY 217/95 , LaVM 5/96, EV 75/96This Act shall enter into force on 1 November 1999.
Article 12 shall not apply to a complaint lodged before the entry into force of this Act.
THEY 114/1998 , LaVM 19/1998, EV 217/1998
This Act shall enter into force on 1 December 1999.
THEY 146/1998 , LaVM 20/1998, EV 234/1998
This Act shall enter into force on 1 September 2001.
THEY 78/2000 LaVM 6/2001, EV 33/2001
This Act shall enter into force on 1 January 2004.
Before the entry into force of this Act, measures may be taken to implement the law.
(2) , HVM 29/2002, EV 289/2002
This Act shall enter into force on 1 October 2005.
The decision of the Administrative Authority issued before the entry into force of this Act shall be subject to the provisions in force at the time of entry into force of this Act.
THEY 112/2004 , THEY 5/2005 , HaVM 13/2005, EV 91/2005
This Act shall enter into force on 1 November 2007.
THEY 52/2006 , LaVM 29/2006, EV 288/2006
This Act shall enter into force on 1 January 2010.
THEY 233/2008 , LaVM 3/2009, EV 37/2009
This Act shall enter into force on 1 June 2013.
THEY 85/2012 , LaVM 13/2012, EV 125/2012
This Act shall enter into force on 1 January 2016.
THEY 245/2014 , LaVM 23/2014, EV 296/2014
This Act shall enter into force on 1 January 2016.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 230/2014 , LaVM 26/2014, EV 319/2014
