Roi O. The legal acts of power authority entities as a subject-matter of a public legal dispute

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U002064

Applicant for

Specialization

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

03-04-2019

Specialized Academic Board

К 26.501.01

Scientific Research Institute of Informatics and Law of the National Academy of Law Sciences of Ukraine.

Essay

The thesis is devoted to the research of the legal acts of subjects of power authorities as a subject of public legal dispute in the light of judicial reform for 2015-2020 years and fundamental changes of the Code of Administrative legal Proceedings of Ukraine in 2017. The issues of development in the category of public-legal dispute of power authority entities, definition, contents and administrative justice, in general, are explored. The concept of «public-legal dispute» in the historical section distinguishes periods of its formation and development. The author suggested defining a term of public-legal dispute, subject, and contents. The analysis of the definition of the subject of power authorities and their types is carried out. In the context of the thesis research, mandatory and optional features of a normative legal acts, the place of normative acts in the system of legal acts and the hierarchy of legal acts in the legal system of Ukraine is considered depending on their legal force. The description of the problems of the legal regulation of the appeal of a legal act and the act of individual actions in administrative courts and their proposed solutions. The author's proposal is proposed for definitions of a normative legal act and an administrative act. The international models of legal regulation of the appeal of legal acts of subjects of powers. Practical recommendations in the field of research are formulated. Examines the mechanism for the implementation and protection of the rights and interests of individuals in challenging legal acts, deficiencies are identified and recommendations for improvement are proposed. The legal principles of the judicial procedure of appealing the legal acts of the subjects of power authorities was investigated, deficiencies were identified in the identified sphere and recommendations were suggested regarding the ways of overcoming them.

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