| Article | The Renovation of Categories of Administrative Law and Procedure: Separate Questions on Content Transformation |
|---|---|
| Authors |
Riabchenko O.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 3 / 2014 |
| Pages | 12 - 17 |
| Annotation | The article is devoted to substantiation of scientific approach to determine the nature and content of the terms, which are introduced to the current administrative legislation, but not developed enough in the administrative law doctrine. Specified above refers to such terms as: «a public law dispute», «the subject of powers», «administrative agreement», «administrative service», «licensing activity», «resolution». The provisions are aimed at solving the problem of the delimitation of jurisdictions of administrative and economic courts on controversies arising from public law relations, and administrative courts and the constitutional Court of Ukraine. The author specified the unreasonableness of the identification of administrative services with the licensing or other positive activity of the authorized state bodies, in particular — registration, permits etc. In order to form a perception of administrative services, the author offered approach that takes into account the essence of the basic category «service» and the public and service nature of positive external organization activity of bodies of executive power and bodies of local self-government. It is suggested to define administrative service as the activity of bodies of Executive power, bodies of local self-government, and their officials regarding the creation of conditions for the legalization of such services of certain right by a consumer by means of acquiring a permit, registration or other actions. The application of the legal structure «administrative compromise» instead of the term «administrative agreement» is considered. |
| Keywords | administrative court, jurisdiction, a public law dispute, administrative services, administrative agreement. |
| References | |
| Electronic version | Download |