Karas B. Consideration and resolution by the administrative courts of Ukraine disputes concerning social protection of citizens who suffered as a result of the Chernobyl disaster.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002439

Applicant for

Specialization

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

31-05-2016

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the analysis of the procedure of consideration and resolution of legal social disputes by the administrative courts. Particularly, the author explores the sphere of legal protection of citizens who suffered as a result of the Chernobyl disaster. The author emphasizes the differences between legal terms: "legal administrative dispute" and "public dispute", as well as highlights the key features of each of them. It is proposed to allocate different types of "administrative disputes" based on the disputable subject or the sphere of its appearance. The seeker formulates and proposes a respective author's definitions of "legal administrative dispute" and "administrative dispute concerning social protection of citizens who suffered as a result of the Chernobyl disaster". The dissertation includes the analysis of the effective legislation and judicial statistics. Taking into consideration the received results, the author defines the legal reasons of social-administrative legal disputes' appearance. It is stated that the structure of governmental bodies is too complicated particularly, different state authorities duplicate many functions and that creates too much bureaucratic hurdles for social unprotected people. The seeker highlights another reason that exacerbates the social protection of people suffered as a result of the Chernobyl's catastrophe - too much legal acts in the explored sphere. In the dissertation there is a statement that disordered system of legal acts creates a lot of complexities for administrative courts, particularly during the courts hearings. The author proposes the ways to simplify the structure of governmental agencies in the sphere of social protection as well as methods for harmonization of Ukrainian legislation.

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