Amelokhin V. Administrative Proceedings in Cases of Appeal of Normative legal Acts in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101028

Applicant for

Specialization

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

17-03-2021

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

The manuscript on the basis of generalization of conceptual bases, normative sources and practice of administrative courts reveals the essence, content and features of administrative proceedings in cases of appeal of normative legal acts in Ukraine, formulates proposals and recommendations for improving administrative procedure legislation. The definition of administrative proceedings in cases of appeals against regulations in Ukraine has been formed. Conceptual criteria for assessing the philosophical and legal legitimacy of regulations based on the subjective will of the subject of lawmaking are identified and generalized. The content of the rule of law in administrative cases on appeals of normative legal acts in Ukraine is revealed. The essence of administrative proceedings in cases of appeal of normative legal acts in Ukraine is revealed. The essence of the principle of systematic analysis and taking into account the consequences of the abolition of regulations is formed. Scientific provisions on the initial stages of administrative proceedings have been further developed. It is concluded that the consideration and resolution of the case in the administrative court of first instance is the main stage of the administrative process in cases of appeal against regulations in Ukraine. The scientific provisions for clarifying the circumstances of an administrative case and examining evidence in public law disputes have been improved. Scientific provisions on the review of decisions of the administrative court of first instance as appellate and cassation court proceedings within the administrative process are revealed. A comparative characterization of the experience of administrative proceedings on appeals against regulations in some EU member states, the United Kingdom and the United States. The administrative process in cases of appeals against normative legal acts has been improved, which should be carried out by moving to the interpretation of normative legal acts regarding the verification of their compliance with the rule of law.

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