2019Прикарпатський юридичний вісникOpen access

To the discussion on the content of the category administrative process (administrative judicial procedure)

Ольга Бойко

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Abstract

The article, based on a generalized analysis of various scientific approaches, formulates the author's idea of the administrative process and its relationship with some related categories. It is noted that the author denies the so-called broad concept of administrative process, and especially its managerial aspect of understanding, because the administrative process should not be associated with public administration (public administration), because the form of the latter is purely administrative procedure. In addition, the author finds erroneous the thesis that the courts are subjects of public administration as it follows from the principles of a broad interpretation of the administrative process and its structure. Support is expressed for the idea that at the present stage of state-building processes and the development of the doctrine of administrative law it is necessary to abandon the idea of administrative process as regulated by administrative-procedural norms of public administration aimed at implementing the relevant substantive branches of law in considering and resolving individual specific cases. It is seen that such a view of the administrative process not only does not meet the principles of adaptation of domestic administrative legislation to European standards, inhibits domestic administrative doctrine on its way to modernize, but also significantly confuses the essence of administrative law and administrative proceedings as mechanisms for implementation and protection of individual rights in the public sphere. It is indicated that administrative proceedings (administrative proceedings) are regulated by the norms of the CAP of Ukraine law enforcement activities of administrative courts to consider and resolve administrative disputes.

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What this paper is about

The article, based on a generalized analysis of various scientific approaches, formulates the author's idea of the administrative process and its relationship with some related categories. It is noted that the author denies the so-called broad concept of administrative process, and especially its managerial aspect of understanding, because the administrative process should not be associated with public administration (public administration), because the form of the latter is purely administrative procedure. In addition, the author finds erroneous the thesis that the courts are subjects of public administration as it follows from the principles of a broad interpretation of the administrative process and its structure. Support is expressed for the idea that at the present stage of state-building processes and the development of the doctrine of administrative law it is necessary to abandon the idea of administrative process as regulated by administrative-procedural norms of public administration aimed at implementing the relevant substantive branches of law in considering and resolving individual specific cases. It is seen that such a view of the administrative process not only does not meet the principles of adaptation of domestic administrative legislation to European standards, inhibits domestic administrative doctrine on its way to modernize, but also significantly confuses the essence of administrative law and administrative proceedings as mechanisms for implementation and protection of individual rights in the public sphere. It is indicated that administrative proceedings (administrative proceedings) are regulated by the norms of the CAP of Ukraine law enforcement activities of administrative courts to consider and resolve administrative disputes.

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Available abstract

The article, based on a generalized analysis of various scientific approaches, formulates the author's idea of the administrative process and its relationship with some related categories. It is noted that the author denies the so-called broad concept of administrative process, and especially its managerial aspect of understanding, because the administrative process should not be associated with public administration (public administration), because the form of the latter is purely administrative procedure. In addition, the author finds erroneous the thesis that the courts are subjects of public administration as it follows from the principles of a broad interpretation of the administrative process and its structure. Support is expressed for the idea that at the present stage of state-building processes and the development of the doctrine of administrative law it is necessary to abandon the idea of administrative process as regulated by administrative-procedural norms of public administration aimed at implementing the relevant substantive branches of law in considering and resolving individual specific cases. It is seen that such a view of the administrative process not only does not meet the principles of adaptation of domestic administrative legislation to European standards, inhibits domestic administrative doctrine on its way to modernize, but also significantly confuses the essence of administrative law and administrative proceedings as mechanisms for implementation and protection of individual rights in the public sphere. It is indicated that administrative proceedings (administrative proceedings) are regulated by the norms of the CAP of Ukraine law enforcement activities of administrative courts to consider and resolve administrative disputes.

Key concepts: Administrative law, Doctrine, Enforcement, Administrative services organization, Administration (probate law), Political science, Legislation, Process (computing)

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To the discussion on the content of the category administrative process (administrative judicial procedure) — Research Paper | ScholarLens