Shrub I. Functioning of Administrative Courts in Ukraine: Organizational-Legal Fundamentals and their Realization

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0409U001536

Applicant for

Specialization

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

19-03-2009

Specialized Academic Board

Д 26.007.03

National Academy of Internal Affairs

Essay

The dissertation is devoted to the analysis of organizational-legal fundamentals of administrative courts functioning as well as to the accordance of the administrative judicature institute to the Constitution of Ukraine and to world standards in the sphere of human and civil rights and freedoms defending. The place of the administrative judicature in administrative law is defied as well as its auther's own definition is presented in the work. The aim, tasks, characteristics and principles of the administrative judicature are delighted. The new approach to the periods' classification of administrative judicature historical development is grounded as well as world's models of administrative judicature organization are analyzed. The author's own classification of normative-legal acts in the sphere of the administrative judicature that is based upon such criteria as the sphere of their regulation is presented. The organizational structure of administrative courts, their personnel, technical and material,financial and other maintenance are analyzed and propositions of its improvement are developed. The administrative judicature was separated from constitutional, economic, civil judicature as well as from the judicature in courts of general jurisdiction as for proceedings of administrative offences. The administrative courts' competence is analyzed as well as the essence and elements of administrative jurisdiction's cases are defied. The order of proceedings in administrative courts and enforcement of judgments in administrative cases are analyzed.

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