Article title Set of Facts in the Administrative Proceedings in Ukraine: a FormulaExpression
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2/2016
Сторінки [68-74]
Annotation

The article reveals a formula expression of the set of facts in the administrativeproceedings in Ukraine. Juridical facts in the administrative proceedings are found to be specificcircumstances expressed in actions or events, with which the law attributes legal consequences, namely, occurrence, change or termination of relationships, the acquisition of certain rights andobligations in the administrative proceedings in Ukraine. The set of facts in the administrativeproceedings in Ukraine is proved to be the set of juridical facts and other elements of the set offacts in the sphere of the court administrative process that are necessary and sufficient for theonset of formal legal consequences. Defect of juridical facts in the administrative proceedings isa state, feature, peculiarity that does not meet the law regulating a certain kind of juralrelationship in the administrative proceedings in Ukraine. Defect of the set of facts in theadministrative proceedings is defined as existence of defective juridical fact or one of itselements or their absence that does not meet the law regulating a certain kind of jural relationshipin the administrative proceedings in Ukraine.The formula of juridical-factual defects in the administrative proceedings is the following:u = f (x, y, z), where vector x = (x1..., xm) stands for juridical facts, vector y = (y1..., yn) standsfor fact preconditions, vector z = (z1..., zk) stands for norms of the law, u — jural relationship,f — functional dependence. Function (functional dependence) is a rule that assigns a commonvalue u to each set of vectors x, y, z. In the case under study, function f operates in such a waythat u can take only two values: u, which is in defective in case of all x1..., xm, y1..., yn, z1..., zk arein defective; u, which is defective if at least one of m + n + k variables is defective.

Keywords : juridical fact, set of facts, defect, administrative legal proceedings.
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