Savych E. The human right to appeal in Ukraine: constitutional and legal analysis

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100858

Applicant for

Specialization

  • 081 - Право. Право

30-06-2022

Specialized Academic Board

ДФ 26.867.008

Legislation Institute of the Verkhovna Rada of Ukraine

Essay

The structure of the equitable constitutional right to appeal in accordance with Article 40 of the Constitution of Ukraine is considered, namely: the right to send individual or collective written appeals, as well as the right to personally appeal to obligated subjects. Accordingly, the obligators must consider the appeal and give a reasoned response within the period set by law. Thus, the forms of exercising this right determine the referral of written appeal, or the possibility of a personal appeal. Types of written appeal are individual and collective. As for the personal appeal of the collective entity, the power can also be exercised by its representative. It is established that, since the appeal is an act of will expression that is a formalized claim of the authorized entity to the obligor in order to satisfy a certain interest, it is obvious that the term «expression of will» finds its place among the features of the category «appeal» in its definition at the level of law.

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