Tylchyk V. Theoretical, methodological and legal bases of dispute resolution in the field of public legal relations by administrative courts

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U101494

Applicant for

Specialization

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

12-10-2020

Specialized Academic Board

Д 17.051.07

Zaporizhzhia National University

Essay

The dissertation is devoted to the comprehensive scientific development of theoretical, methodological and legal bases of dispute resolution in the field of public legal relations by administrative courts; the field includes the preparation of a holistic system of scientific views on the dispute in public legal relations and its resolution in administrative proceedings. The characteristics of disputes in the field of administrative and legal relations with the use of a set of methods of scientific knowledge, in particular, ontological, epistemological and axiological tools, are proposed. Emphasis is placed on the theoretical and legal problems of resolution of these types of disputes by administrative courts. The author’s approach to the concept of dispute in the field of public law relations and the criteria for its delimination with other related legal categories are suggested. The sign of conflict of public legal relations as a precondition for the emergence of disputes in this field is revealed and the classification of the latter is presented. The essence of the form of action of dispute resolution in the field of public legal relations by means of administrative proceedings is clarified. The principles of resolving such disputes, topical issues of the structure of judicial administrative process are revealed and its main categories in the context of novelties of procedural legislation are investigated. In the context of coverage of topical issues of improving the disputes resolution in the field of public relations by administrative courts, the experience of some developed countries is analyzed, the ways to introduce it into the domestic legal field, taking into account its best practices and international standards of equitable justice, are identified.

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