Hlukhanchuk O. Revision of Decisions of Administrative Courts as a Constitutional Guarantee of Judicial Protection

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U004381

Applicant for

Specialization

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

30-11-2017

Specialized Academic Board

К 26.503.01

Research Institute of Public Law

Essay

Grounds are provided for new approach to interpretation of judgment reversal legal nature which is proved to be a multiple-vector concept: on the one hand, judgment reversal is aimed at protection of citizen's constitutional rights and freedoms (in this court provides an opportunity for claimant to countervail the state body's abusive acts or omission of acts challenged in the administrative court or countervail the administrative court itself which failed to settle the claim on certain ground); on the other hand, judgments' reversal is a tool used by the superior judiciary component to supervise the inferior ones and prevent its arbitrary behavior. Content and meaning of legal regulation of administrative judgments' reversal as purposive state activity aimed at proper implementation of this constitutional guarantee with the use of specific tools. Using the criterion of legal force, author has analyzed the scope and content of legislative acts regulating the administrative judgments' reversal, its gaps and inconsistencies with recommendations for selection of optimal solutions of its efficiency improvement.

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