Shulezhko V. Administrative proceedings in cases of illegality actions of subjects of power in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100190

Applicant for

Specialization

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

24-12-2020

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

The dissertation research provides a new explanation of the scientific task of determining the prerequisites and features of administrative cases on the illegality of the actions of the subjects of power in Ukraine and identified ways to improve the effectiveness of its implementation. The legal nature of administrative proceedings in cases of illegality of actions of subjects of power is revealed. The essence of illegal actions of subjects of power in Ukraine as an illegal form of activity of subjects of power is clarified. A categorical definition of the illegality of the actions of the subjects of power has been formed. The legal nature of administrative cases related to the recognition of the actions of the subjects of power as illegal has been revealed. The stages of administrative-judicial proceedings on the recognition of the actions of the subjects of power as illegal have been clarified. It is proved that the main problem of today’s administrative proceedings in cases of illegality of actions of subjects of power is the non-execution of court decisions that have entered into force. Scientific provisions on the content of administrative cases in the analyzed area were further developed. It has been proved that court decisions on recognizing the actions of subjects of power as illegal by an administrative court are a completed legal fact and a basis for the development of other relationships related to its implementation. Generalizations on judicial practice have been made, as well as comparative provisions of judicial protection have been revealed, which should be borrowed from the common European and national legislation of some EU member states. The directions and concrete proposals on changes and additions to the legislation concerning increase of efficiency of administrative judicial proceedings in the cases connected with recognition of actions of subjects of power illegal are improved.

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