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ISSUES OF PLACE AND SUBSTANCE OF THE ADMINISTRATIVE PROCESS IN THE LEGAL SYSTEM.

Authors :
Kuzmenko, Oksana
Chorna, Viktoriia
Source :
Law of Ukraine / Pravo Ukraini; 2021, Issue 10, p110-120, 11p
Publication Year :
2021

Abstract

In this scholarly article, the authors have defined the place of the administrative process in the system of the legal one. The administrative process is determined in different scholarly papers in different ways. Scientific arguments are most often based on the substance and the distinctive features of the activities of the particular government entity. All contradictions regarding the substance and structure of the legal process, as well as the substance and structure of the administrative one are based on a methodological error that makes it possible to prove the existence of broad and narrow concepts of understanding that institution. Objections have been raised as to the separation of an independent branch of law, i. e. administrative process as judicial consideration of public law disputes that belong to the terms of reference of administrative courts. It has been determined that the adoption of the Code of Administrative Procedure of Ukraine will introduce another element of chaos to the understanding of the essence and system of the administrative process. So, the administrative process includes such types of activity as registering, licensing, permitting, enforcement of court decisions, etc. Of course, the process of bringing persons to administrative responsibility, preventive and preclusive actions are also part of its system. Accordingly, taking into account the above, we can speak about the systemic and structured nature of the legal process in general and the administrative process in particular. The administrative process aimed at resolving individual administrative cases is characterized by phasing and organizational orientation, which is carried out by both judicial and non-judicial bodies. The structured nature of the administrative process depends on what underlies the horizontal division of the types of administrative proceedings. It has been proved that the law of administrative procedure is an independent branch of law, whose substance is a set of administrative procedural and procedure-oriented rules governing the cyclicality, sequence, time limits, procedure for registration of actions and decisions of public administration and courts within administrative cases, as well as procedural status of those bodies, their officials, natural persons and legal entities that are participants in administrative cases. [ABSTRACT FROM AUTHOR]

Details

Language :
Ukrainian
ISSN :
10269932
Issue :
10
Database :
Complementary Index
Journal :
Law of Ukraine / Pravo Ukraini
Publication Type :
Academic Journal
Accession number :
154409947
Full Text :
https://doi.org/10.33498/louu-2021-10-110