| Article | Public Legal Dispute and Administrative Legal Dispute: Ratio |
|---|---|
| Authors |
Tatkov V.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 2 / 2014 |
| Pages | 211 - 219 |
| Annotation | The article is devoted to the analysis of theoretical and practical aspects of the ratio between the concepts of public legal and administrative legal dispute, including the criteria for classification of disputes arising within the competence of certain courts. Boundaries of the concept of administrative legal dispute is suggested to be determined in the doctrine through a series of features, including the nature of relationships; a mandatory subject of dispute; imperative method (subordination) for legal regulation of material relations of which the dispute arose; the availability of public interest, at least from one of the parties to the dispute. The author argues that proposals to extend the subject of administrative jurisdiction should be recognized unfounded, and the approach, according to which «the public legal dispute can only mean the case of administrative jurisdiction» and therefore the administrative courts should have jurisdiction over all public legal disputes, should be recognized invalid. The author believes that the term «public legal» and «administrative legal» correlated as a whole and part: public legal dispute is actually a generic term for administrative dispute. |
| Keywords | public legal dispute, administrative legal dispute, litigation, jurisdiction. |
| References | |
| Electronic version | Download |