Luchenko D. The Appeal Institute in Administrative Law.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0518U000454

Applicant for

Specialization

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

30-03-2018

Specialized Academic Board

Д 64.086.01

Essay

The history of the emergence and development of the idea of appealing acts of public authority in the classical literature, Soviet scientific sources and in the modern doctrine of administrative law has been explored. The aspects of the appeal institute – subjective legal, normative, functional and activity-related – are singled out. It is shown that the mentioned aspects of the appeal exist in mutual dynamic bonds and constitute a mechanism of appeal as a whole. The concept of the mechanism of appeal in the administrative law has been formulated, the description of its elements has been given. The significance of the appeal as a means of protecting the rights and legitimate interests of individuals in relations with the subjects of public authority is shown. The connection between the institute of appeal and the rule of law has been characterized and the role of the appeal in ensuring the democracy of the Ukrainian state has been defined. The administrative and legal dispute is analyzed as the material and legal basis for the appeal. The procedural forms of judicial and extrajudicial consideration of administrative and legal disputes have been determined, the existence of an indirect appeal has been substantiated. On the basis of the analysis of European standards and experience of legal regulation of the appeal in the countries of Europe and the former USSR, amendments to the legislation on judicial and extrajudicial appeals against decisions, actions or omission of the subjects of public authority have been proposed. The role of electronic petitions as an appeal tool has been shown, deficiencies of the relevant legislation and directions for its improvement have been identified.

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