Article | Doctrine of the Administrative Law and Process in Practice of the Administrative Cassation Court Within the Supreme Court |
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Authors |
MYKHAILO SMOKOVYCH
Doctor of Juridical Sciences, Associate Professor, Honored Lawyer of Ukraine, President of the Administrative Cassation Court within the Supreme Court (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0003-1710-4044 smokovichm@ukr.net
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 10 / 2021 |
Pages | 147 - 158 |
Annotation | Definitions, categories, constructions of the administrative-legal nature which can be the issue of inquiry in the administrative process, presented formalized in the Constitution of Ukraine, Code of the Administrative Procedure of Ukraine, administrative laws, regulations. The Administrative Courts act in the sphere of public-law relationships in order to protect rights, freedoms and interests of the individual (Article 125 of the Constitution of Ukraine). Task of the administrative proceedings is fair, impartial andtimely solution of the disputes by the court in the sphere of public-law relationships on the purpose of the effective protection of the individual’s rights, freedom and interests and the legal entity’s rights and interests from the violation by the subjects of power (Article 2 § 1 of the Code of the Administrative Proceedings of Ukraine). The Administrative Cassation Court within the Supreme Court analyze such regular consistency in the administrative process: 1) administrative discretion of the subject of power; 2) current solutions, actions, inactions of the subject of power; 3) administrative procedure for making decisions (administrative acts, regulations); 4) final decisions, actions, inaction of the subjects of power, made (committed) as a result of the administrative procedure.
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Keywords | administrative law and process; public-law disputes; Administrative Cassation Court within the Supreme Court; case-law; administrative act; discretionary powers; the subject of power; administrative procedure |
References | Bibliography Edited and translated books 1. Tsyppelius R, Metodyka pravozastosuvannya (Yustinian 2016) (in Ukrainian). 2. Smokovych M, Bevzenko V, Administratyvnyy protses Ukrayiny: teoriya, praktyka: pidruchnyk (Dakor 2021) (in Ukrainian).
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