Sydielnikov O. The Institute of conciliation in administrative proceedings.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U003086

Applicant for

Specialization

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

11-05-2017

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The comprehensive study of the conciliation institute has been completed in the paper, the academic conception has been defined, its specific theoretical features of the indicated legal institute have been outlined, the distinctions of its functioning in the national legal system have been discovered. It has been established that the outlined legal institute is derived from the West legal tradition, in particular, from the conception of peaceful settlement of administrative disputes. The dynamics of the correlation of material and procedural legal elements of the conciliation institute has been described. The understanding of the mixed material and procedural legal nature of its legal institute with precedence of substantive rules on its structure has been supported. It has been proved that out-of-court settlement agreement in resolution of administrative legal disputes is considered as an administrative contract. The effect of administrative discretion of public officials on the processes of administrative disputes settlement has been studied. The work studies the implementation features of the right of reconciliation on the each stage of administrative proceeding. The possibility and perspectives of implementing mediation and other ADR in the settlement of administrative legal disputes in or out the courts has been researched.

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