Tokmilova L. Guarantees of ensuring the processual rights of participants in administrative proceedings in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102917

Applicant for

Specialization

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

20-12-2021

Specialized Academic Board

ДФ 41.086.061

National University «Odessa Law Academy»

Essay

The dissertation is the first in administrative-processual science monographic research of guarantees of maintenance of processual rights of participants of administrative legal proceedings. The research provides a comprehensive analysis of the theoretical and legal basis for guaranteeing the processual rights of participants in administrative proceedings and identifies the main directions of their further intensification and differentiation, determines the legal nature of processual rights of participants in administrative proceedings as an object of guarantee taking into account law enforcement activities. The possibility of determining the essence of guarantees of processual rights of participants in administrative proceedings through their positioning as: a) the institution of administrative processual law; b) an element of the legal status of participants in administrative proceedings. It is established that the guarantees of processual rights of participants in administrative proceedings as an institution of administrative processual law, meaningfully includes a system of relatively separate and related legal norms that determine the conditions, means, and methods of ensuring the powers granted to subjects who have acquired the status of a participant in administrative proceedings to achieve their interests and the purpose of administrative proceedings. The purpose is to characterize the guarantees of procedural rights of participants in administrative proceedings, determine the state of their legal regulation and provide proposals for improving the current administrative procedural legislation. The object of the study is public relations, which are associated with the participation of persons in court proceedings as participants in administrative proceedings. The subject of the study is guarantees of procedural rights of participants in administrative proceedings. Scientific provisions have been developed on the content of guarantees for the provision of processual rights by measures aimed at: creating conditions conducive to the realization of rights; protection of rights from violations by anyone; the process of fulfilment and security of these rights from the already committed actual violation; restoration of violated rights at all stages of the law enforcement process. The need for approval by the High Council of Justice of the Regulations on training and periodic training of court staff at the National School of Judges of Ukraine and the Concept of a unified program of state protection of persons involved in the administration of justice.

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