Krusian A. Judicial Administrative Procedural Law of Ukraine.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U101145

Applicant for

Specialization

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

28-05-2021

Specialized Academic Board

ДФ 41.086.028

National University «Odessa Law Academy»

Essay

This thesis considers scientific and practical conceptualization of objective socio-legal bases of allocation; legal criteria of sectoral legal differentiation of judicial administrative procedural law of Ukraine as an independent branch of the national system of law. The urgency of the chosen topic is due to the implementation of large-scale political and legal transformations and, in particular, reforms in the judiciary, aimed primarily at establishing the rights and freedoms of man and citizen. Achieving this goal is impossible without the implementation of the constitutional provision on the separation of administrative justice. In addition, according to the analysis of judicial practice, the number of administrative cases concerning appeals against decisions of public authorities that violate the rights and freedoms of man and citizen is increasing every year. The purpose of the dissertation research is scientific and practical conceptualization of: objective social and legal grounds for the separation of judicial administrative procedural law as a branch of law of Ukraine; legal criteria of branch-legal differentiation and formation of judicial administrative procedural law as a branch of law of Ukraine. The object of research is the procedural and legal phenomenon of judicial protection of the rights, freedoms and interests of a person in the field of public relations. The subject of the study is the judicial administrative procedural law of Ukraine. The scientific novelty of the results of the dissertation research is that the dissertation is one of the first in the domestic science of administrative law and process monographic study of judicial administrative procedural law as an independent branch of law of Ukraine, which formed the scientific and practical concept of JAPLU. It is argued that by its legal nature (essence) JAPLU is a positive, public, judicial, administrative, procedural law, which is an independent branch of the national legal system of Ukraine. It is substantiated that the subject of JAPLU is public relations that arise in the presence of a public law dispute and during its consideration and resolution by administrative courts in the order of administrative proceedings (judicial administrative-procedural legal relations). the content-structural and essential characteristics of judicial administrative-procedural legal relations are determined. It is proved that the object of judicial administrative-procedural legal relations is complex (dual), it distinguishes object components: general-material - public-law disputes between the participants of the relevant material public-legal relations, which are decided by the administrative court; special procedural - behavior, actions of participants in the trial. The author's concept of JAPLU principles is offered, in particular their author's definition, system-content characteristic and classification on source-content basis on constitutional (constitutional-organizational and constitutional-functional) and special (organizational-functional and purely functional - administrative-judicial). Рroposed amendments to the Code of Administrative Procedure of Ukraine and the Law of Ukraine "On the Judiciary and the Status of Judges".

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