Glibko O. Legal principles of consideration by courts of cases on administrative violations.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003412

Applicant for

Specialization

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

25-06-2019

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the research of the legal basis for reviewing cases of administrative violations by courts, to establish the legal status of such a review, as well as outlining the directions and ways of improving the normative regulations in force in this area. Based on the analysis of existing scientific approaches criteria for assigning cases of administrative offenses to the jurisdiction of the court criteria are defined. It is proved that spatial and temporal boundaries of proceedings in cases of administrative violations are reflected in its stages and are conditioned by the specific nature of the tasks performed as a result of the implementation of the one. It is concluded that due to the use of imperfect legal technique when constructing the regulations of the Code of Ukraine on Administrative Offenses, there is almost no direct textual consolidation of the principles of administrative and delinquent proceedings. The analysis of the norms of the Code of Ukraine on Administrative Offenses for the purpose of reflecting in their orders the constitutionally stipulated requirement to ensure competition of participants in proceedings and the freedom to provide them with evidence of their courts and to bring to the court their persuasiveness is analyzed. It is emphasized that the main feature of a competitive tort process is the participation in it of procedurally equal parties (accusations and defenses) that oppose each other and impartial court.

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