Koretskyi I. Principle of competitiveness of the parties in the administrative proceedings

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U004757

Applicant for

Specialization

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

01-12-2017

Specialized Academic Board

К 26.503.01

Research Institute of Public Law

Essay

On the basis of the author's research the concept of the principle of the adversarial parties in the administrative legal proceedings and its relation with other principles of the administrative process is analyzed. The legal boundaries of the principle of adversarial parties among the principles of administrative legal proceedings are determined. The features of consolidation and implementation of the principle of adversarial parties in various areas of procedural law are determined. The peculiarities of the process of proof as a tool for the adversarial support of the parties are investigated. It is determined that the key difference between the implementation of the principle of competition in administrative legal proceedings, unlike other types of legal proceedings, is the active role of the court, which is most fully manifested in the process of proof. The significance of the decisions of the European Court of Human Rights and the practice of their application by administrative courts in Ukraine are revealed.

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