Yukhtenko L. Administrative and legal bases for resolving disputes arising from public legal relations, in pre-trial order

The thesis contains a theoretical generalization and a new decision of the scientific task to determine on the basis of the analysis of norms of national legislation, international acts, established provisions of the doctrine of administrative law and process, other sectoral Legal sciences the essence and content of administrative and legal bases for resolving disputes arising from public legal relations, in pre-trial order. The rationale for the entity of disputes arising from public legal relations is carried out and the types of their criteria are singled out: the composition of the participants; In accordance with part 1 of art. 19 of the CAS of Ukraine; Forms of proceedings for consideration in administrative courts (general, simplified, special lawsuits); Complexity of the activity category; Urgency of the case consideration. Separately stated about the allocation of disputes arising from public legal relations, by the criterion for their pre-trial settlement: Mediation and non-mediation disputes. The methods of pre-trial procedure for resolving disputes arising from public-legal relations are defined and analyzed, taking into account the term "pre-trial order", as well as methods of extrajudicial resolution of disputes. It is proved that the methods of the pre-trial procedure for resolving disputes arising from public legal relations should be specified in the understanding of Part 4 art. 124 of the Constitution of Ukraine, when the legal requirement of pre-trial dispute resolution is established directly.