Kit K. Preparatory proceedings in the administrative process

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U002732

Applicant for

Specialization

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

25-05-2015

Specialized Academic Board

К 64.051.28

Essay

The subject of the research: social relations that arise at the stage of preparatory proceedings in the administrative proceedings in the first instance court. The aim of the dissertation: to define and clarify the procedural content of the preparatory proceedings as a stage of administrative process, which aims to provide impartial and timely consideration of the administrative case, as well as to formulate conclusions and recommendations aimed at improving the legislation in this area. The methods: dialectical, historical, abstraction, comparative legal, legal modelling, system-analytical and others. Scientific novelty: this work is the first comprehensive monographic study of theoretical and practical bases of preparatory proceedings in the administrative process and procedure of its legal regulation in the Code of Administrative Procedure of Ukraine. Dual functionality of the preparatory proceedings in the administrative process is grounded: on the one hand, it serves as a means of implementing the principles of administrative justice during the trial; on the other hand it aimed at optimizing the process in terms of providing the parties with the possibility of solving the case before the trial; the author's approach suggested to determine the structure of the preparatory stage of the proceedings taking into account the parameters of mandatory implementation of each stage, as well as opportunities resolution of the case at this stage; reasoned proposals to improve procedural order of consideration and decision on the withdrawal, conciliation at the preparatory stage of the proceedings, and for the mandatory participation of the parties during the preliminary court session designed, which can be the basis for amendments and additions to the Code of Administrative Procedure of Ukraine.The practical meaning of investigation: conclusions and recommendations of the work can be used: in the science and research field - to further research in issues of legal regulation of order of consideration public law disputes by the administrative courts; in the law-making sphere - to improve the provisions of the Code of Administrative Procedure of Ukraine and other legal acts regulating the relations related to the consideration of disputes by the courts at the stage of preparatory proceedings in the administrative process; in education - in the teaching of relevant topics in the disciplines "Administrative Law" and "Administrative Proceedings", in developing manuals, textbooks and other educational materials.

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