Bukina L. Realization is in relation to the appeal of normatively-legal acts in the administrative rule-making of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100847

Applicant for

Specialization

  • 081 - Право. Право

27-06-2022

Specialized Academic Board

ДФ 08.893.021

University of Customs and Finance

Essay

The dissertation highlights the essence and reveals the content of the proceedings on the appeal of regulations in administrative proceedings. Under the procedure for appealing regulations should be understood regulated by the Code of Administrative Procedure of Ukraine procedural relations related to the consideration of administrative cases, the subject of which is the legality and compliance with legal acts of higher legal force regulations of the executive authorities, the Verkhovna Rada of the Autonomous Republic Crimea, local governments and other subjects of power. The legal nature of normative-legal acts as objects of appeal in administrative proceedings is revealed, their signs and properties are covered. The correlation of such concepts as "normative-legal act", "individual act", "regulatory act" is investigated, their distinctive features and criteria are defined. It is noted that bylaws can be normative, non-normative and mixed. It is concluded that the by-law law-making activity of various bodies of state power and local self-government consists of the adoption of normative-legal, individual, organizational-administrative and regulatory acts. The analysis of such concepts as "normative legal act", "regulatory act", "individual act" and criteria for their delimitation shows that the lack of legislation that defines the content of these concepts, criteria for their delimitation, the hierarchy of normative legal acts creates difficulties. in law enforcement practice, so to distinguish the relevant legal and regulatory acts, it is advisable to use the existing legal doctrine and case law of the Constitutional Court of Ukraine and the Supreme Court.

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