Neygodnikov A. The legal status of the Administrative court in Ukraine: administrative and legal aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U005259

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

22-12-2006

Specialized Academic Board

Д 41.0846.01

Essay

The thesis is a research of the legal status of the Administrative Court in Ukraine with regard for an adoption of the administrative legal procedure code. The subject of the research is a concept, juridical nature and the structure of the legal status of the Administrative Court, its legal personality. The scientific work contains the research of the legal guaranteeing of the Administrative Courts functioning, the analysis of international legal acts and national normative legal acts concerning the defense of rights, liberties and legal interests of citizens, the definition of the Administrative Court’s role in the system of government bodies of Ukraine. There is a consideration of the Administrative Courts functioning on the defense of rights and liberties of citizens from illegal activities of public authorities. The differentiation of the Administrative Court’s legal personality and the legal personality of parties third persons and other participants of administrative legal procedure is given in the research. as of a complex of authorities which these subjects legally obtain. The structure of the legal status of the Administrative Court is analyzed; there is a description of its elements. The concept is defined and the classification of functions, principals and tasks of the Administrative Court is offered. The scientific work contains the research of the competence of the administrative Court as a key element of the legal status. There is a definition of the concept and the mattes of the competence. We consider the competence as a range of authorities which are given to the government or the social body for an accomplishment of tasks and functions placed on it by a state. The authorities of the Administrative Court is a range of rights and responsibilities. There are subject and functional authorities. Subject authorities are a jurisdiction. Functional authorities are the Administrative Court’s activities of different kind in the justice administration process connected with courts decisive activities on the administration of the process.

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