Kusik I. Judicial appeal Against Decisions on Administrative Offenses in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101030

Applicant for

Specialization

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

15-03-2021

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

In the manuscript on the basis of generalization of conceptual bases, normative sources and practice of activity of local and appellate courts the essence is revealed, the maintenance and procedural features of judicial appeal of decisions in cases on administrative offenses in Ukraine are formed, offers and recommendations concerning normative-legal improvement of administrative-administrative tort are formed and procedural legislation. The legal essence of resolutions in cases of administrative offenses in Ukraine has been clarified. The concept of judicial appeal of administrative-tort acts in Ukraine is formed. The legal nature of judicial appeals against rulings in cases of administrative offenses has been clarified. The principles in the analyzed sphere are revealed and generalized. The philosophical and legal nature of the subjective composition of the judicial appeal of decisions in cases of administrative offenses is comprehensively revealed. It consists in the fact that no person can be brought to administrative responsibility except by law, which is equal for all persons, and is a reflection of objective law. The legal nature of the terms in the judicial appeal against the decision on administrative offenses has been clarified. Peculiarities of judicial consideration of a complaint against rulings on cases of administrative offenses in Ukraine are revealed. The essential characteristics of the revision of the decision to bring to administrative responsibility will be made by the court of first instance, based on the philosophical and legal principles of «rule of law» and «falsehood of law». The comparative characteristics of judicial appeal of administrative tort acts in the EU member states are carried out. Conceptual principles and proposals for the development of directions and specific proposals for improving the efficiency of judicial appeals against decisions on administrative offenses in Ukraine have been improved.

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