Popov R. Procedural Means of Defendants' Rights Protection in the Administrative Process

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U000816

Applicant for

Specialization

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

11-04-2017

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The thesis is devoted to research of procedural means of defendant's rights protection in the administrative process. The potential defendants in the administrative process are identified, systematized and classified. Thesis specified the types of means of defendant's rights protection, which includes objections to the claim, counterclaim, revision and enforcement of judgments. It was found that the prior aims of the defendant's strategy are to prevent the satisfaction by the administrative court of the plaintiff's claims; formation of a unified judicial practice of the use of administrative law by the public administration entities; avoid cash expenditures due to application of sanctions or assignment of duties. The possible general (common) grounds for substantive objection of the defendant are determined for all administrative cases. It was found that the reconciliation of the parties in the administrative process should be achieved in accordance with a practical implementation of the parties' powers. It is proved that a legal base of counterclaim may be the same as that of the base of the initial claim or may occur as derivatives of the primary relationship for legal disputes.

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