Lipsky D. Cassational Appeal in the Administrative Legal Proceedings of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U004972

Applicant for

Specialization

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

21-11-2014

Specialized Academic Board

Д 26.732.01

State Research Institute of the Ministry of Internal Affairs of Ukraine

Essay

Thesis is devoted to the complex research of theoretical and practical problems of the cassational appeal of court decisions in administrative cases. In the advanced study on the basis of an analysis of the state of the scientific readiness of the problems of cassational appeal procedure in the administrative legal proceedings an essence, support and form of right to cassational appeal are revealed, normative legal regulation of an order of cassational appeal in the administrative legal proceedings of several foreign countries is characterized. Legal regulation of a cassational appeal in administrative cases is considered taking into account the legislatively set requirements to subjects, object, subject, form and terms of cassational appeal. Court's rules of the procedure of cassational proceedings in administrative court are found out and its stages are distinguished. The value of the decisions of the court of appeal is outlined, which kind and form are determined with a comprehensive list of the powers of the Higher Administrative Court of Ukraine. Taking into account the staging of a cassational procedure, the classification of the decisions of the Court of Appeal is done. Understanding of cassational appeal as the guarantees of realization of the right to a just court in the administrative legal proceedings is found out. The purpose of an improvement of organizational and legal basis of cassational appeal in an administrative process as well as the role of Supreme Court of Ukraine in providing of the right to the cassational appeal of administrative cases are determined. Ways of the optimization of the organizational and legal procedures of a cassation appeal in the administrative legal proceedings of Ukraine are determined and row of changes to the current legislation are grounded.

Files

Similar theses