Administrative and legal status of administrative commissions
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The article contains an analysis of the problems associated with the determination of the administrative and legal status of certification commissions in Ukraine. Attestation in the work is considered as an assessment procedure carried out by the attestation commission. The norms of administrative law regulate relations connected with the functioning of attestation commissions. The author substantiates that this commission is a collegial body without signs of a legal entity, formed by the administration of a public administration body, an enterprise, an institution, an organization. The order of formation and liquidation of the attestation commission; its administrative and legal status; management relations between the commission and the subject of management, which created it, are governed by the rules of administrative law. The article analyzes the theoretical approaches to the problem of determining the competence of certification commissions in Ukraine. The author draws attention to the existence of different approaches to the concept of competence in the science of administrative law. Competence of certification commissions is considered in the article as a key element of their administrative and legal status. The author proposes the competence of certification commissions to be understood as the totality of their tasks, subjects of competence and authority, as defined by laws and by-laws. The article considers the tendencies of cancellation of judgments of certification commissions in court. The reasons for the cancellation of decisions associated with the release of certification commissions beyond their competence. The author draws attention to the fact that the administrative and legal status of certification commissions in Ukraine is fuzzy and needs to be improved. The unification of the administrative and legal status of certification commissions in Ukraine will help to avoid negative consequences, such as the irrational use of state and local budgets, as well as distrust of public authorities.
Authors and Affiliations
О. В. Вільчинський
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