Tymoshenko K. Public legal dispute as a matter of jurisdiction of administrative courts.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U001309

Applicant for

Specialization

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

25-01-2013

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation deals with a linking research of the public legal dispute as a subject of the jurisdiction of administrative courts. In this work the concept and types of administrative jurisdiction are considered, the peculiarity of the jurisdiction activity of administrative courts is defined. Public relations were examined as a legal sphere, where public legal disputes appear; characteristic features of these relations are defined. Particular attention is devoted to the analysis of the nature of public legal dispute and attributes (criteria) allowing to distinguish the aforesaid dispute from private-called one. The notion of public legal dispute is defined and its meaning is revealed. Types of public legal disputes, provided by the Code of Administrative Law Procedure of Ukraine, are considered, the classification of these disputes by the subject of appeal to the administrative court is made. The jurisprudence on separate categories of public legal disputes is analyzed in the dissertation; problems relating to the jurisdictional belonging of a dispute are studied, and ways of their solutions are suggested. Based on the performed analysis, specific suggestions for improvement of the Code of Administrative Law Procedure of Ukraine and other acts of the current legislation are given.

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