Fedotov I. Administrative Courts within the System of Entities of Guaranteeing Rule of Law in the Country

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100859

Applicant for

Specialization

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

08-04-2021

Specialized Academic Board

К 64.896.01

National Scientific Center "Hon. Prof. M. S. Bokarius Forensic Science Institute" of the Ministry of Justice of Ukraine

Essay

The object of the study is the legal relationship that arises during the implementation of administrative courts in the direction of ensuring the rule of law in the state. The purpose of the dissertation is to determine the place and features of administrative courts in the system of subjects of legality in the state on the basis of the analysis of scientific views of scientists and norms of the current legislation of Ukraine, and also, based on positive domestic and foreign experience, to outline directions of administrative legislation improvement. on the researched issues. The methodological basis of the dissertation is a set of philosophical and worldview, general scientific and special scientific methods: logical-semantic, analytical, structural-functional, comparative-legal methods, as well as methods of classification and documentary analysis. Theoretical and practical results, novelty: the expediency of development and adoption of the Concept of interaction between subjects of maintenance of legality in the state is substantiated; drawing on the experience of France, emphasizes the importance of establishing a Conflict Tribunal in our country; It has been proved that the activity of administrative courts to ensure the rule of law in the state is realized not only in the form of administrative proceedings, which have a procedural law enforcement nature, but also in non-procedural forms within which these courts do not carry out judicial activities. explanatory, as well as legal education work. Degree of implementation: in the research sphere - for further doctrinal developments on the problems of ensuring the rule of law in the state in general and administrative courts in particular; in rule-making activity - in the development of new normative-legal acts and improvement of the current national legislation, which regulates the activity of administrative courts, as subjects of ensuring legality in the state; in the field of law enforcement - to improve the practical activities of administrative courts as subjects of legality in the state. Scope of use: in the educational process - during the preparation of work programs, teaching materials, textbooks in the disciplines "Administrative Law" and "Administrative Process".

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