Article | Evaluation of Decisions, Actions, Inaction of Subjects of Authority in the Administrative Process: from Doctrine to Applied Law Enforcement |
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Authors |
VOLODYMYR BEVZENKO
Doctor of Law, Professor, Judge of the Cassation Administrative Court of the Supreme Court (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0001-9699-7930 bevzenkovm@ukr.net |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 10 / 2021 |
Pages | 91 - 109 |
Annotation | Adoption of the Code of Administrative Procedure of Ukraine, strategically valuable administrative laws (in particular, the laws “On Administrative Procedure”, “On Administrative Services”, “On the Cabinet of Ministers of Ukraine”, “On Central Executive Bodies”, “On Access to Public Information” etc.) in Ukraine, the establishment and operation of the administrative court system – all of the mentioned above led to the following fundamental and essential development of national science and practice of administrative law and process. The practical implementation of the idea of administrative justice in the State provided a critical evaluation of all, without exception, practical manifestations of administrative law, forms of activity/inaction of subjects of authority, holders of public authority, other participants in administrative relations by administrative courts. In the study, evaluation, and verification of administrative and legal concepts (categories) in the administrative process is the relationship between the administrative process and administrative law. Also, these concepts (categories) are used in the administrative process to create conditions for proper judicial protection of rights, freedoms, interests, in particular, for justifying and functioning of such procedural institutions as administrative jurisdiction (jurisdiction of administrative courts), substantive, instance, territorial jurisdiction of administrative courts (competency of the court). The aim of the study is the doctrinal and applied disclosure of the content of the evaluation of decisions, actions, inaction of the subjects of authority in the administrative process. author proves that the lack of relationship between doctrine and practice of administrative law and process will inevitably lead to the decline of both doctrine and practice, which, of course, is strongly unacceptable for Ukrainian society and the State, it does not meet national aspirations, strategies that strive to and need establishment and domination of the rule of law. The modern doctrine of national administrative law and process is characterized by a gradual development and transition from the first (initial) stage, when the formation, verification, and justification of the content of this doctrine took place, to the next, second stage, where the achievements and provisions of this doctrine are directly disseminated and applied in practice (administrative and judicial), as well as in legislation, education, and science. The time has long come for scientific and practical justification, implementation, and further development of the provisions of General Administrative Law in the fields of Special Administrative Law, their theoretical, applied, and legislative improvement.
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Keywords | administrative law; administrative process; subject of authority; decision; action; inaction; administrative act; law enforcement; administrative legislation |
References | Bibliography
Authored books 1. Bevzenko V, Panova H, Sutnist ta pidstavy vtruchannia administratyvnoho sudu u rozsud sub’iekta publichnoi administratsii (Bevzenko V zah red, Dakor 2018) (in Ukrainian). 2. Stukalenko O, Administratyvno-pravove zabezpechennia budivelnoi haluzi (Tsentr uchbovoi literatury 2016) (in Ukrainian).
Edited and translated books 3. Hrytsenko I (zah red), Zahalne administratyvne pravo: pidruchnyk (Iurinkom Inter 2015) (in Ukrainian). 4. Melnyk R, Bevzenko V (zah red), Zahalne administratyvne pravo: navchalnyi posibnyk (Vaite 2014) (in Ukrainian). 5. Nauka administratsii y administratyvnoho prava. Zahalna chastyna (za vykladamy profesora Yuriia Paneika) (Bevzenko V ta inshi ukladach, Dakor 2016) (in Ukrainian). 6. O’Koner Dzhozef, Makdermott Iien, Systemne myslennia. Poshuk neordynarnykh tvorchykh rishen (per z anhl, Nash format 2018) (in Ukrainian). 7. Tsyppelius R, Metodyka pravozastosuvannia (per z nim, Yustinian 2016) (in Ukrainian).
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