ADMINISTRATIVE PROCEDURAL LAW: CONCEPTS AND COMPONENTS
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 1
Abstract
The article studies the etymology of the concept “legislation” on the basis of dictionary literature, its features are established. It is established that the basic, with respect to understanding, of this category are two approaches: 1) narrow understanding – the system of laws of Ukraine; 2) a broad understanding – the system of laws and resolutions of the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions, decrees and orders of the Cabinet of Ministers of Ukraine, as well as regulatory acts of ministries and departments, local councils and local state administrations. Based on the analysis of various doctrinal and journalistic sources, it is noted that the author supports the idea that it is a narrow understanding of the category of “legislation” that is more logical, justified, and methodologically correct. As a result, expressing his vision about the content of the category “administrative legislation” and taking into account the fact that the author assumes that the “administrative process” is an exclusively judicial procedure for resolving public law disputes, it is noted that the system of administrative procedure legislation is formed: Constitution of Ukraine (the norms of which have direct effect and are the basis for the entire system of legislation, determine the basis of justice, the standards of human and civil rights and freedoms, the formulation of comfort in Article 3 of the Basic Law and the principle of the rule of law actually determine the direction of the state and the objectives of the public authorities – approval and ensuring human rights and freedoms); Code of Administrative Process of Ukraine; The Law of Ukraine “On Court Fees”; The Law of Ukraine “On Enforcement Proceedings”; The Law of Ukraine “On the implementation of decisions and the application of the practice of the European Court of Human Rights”.
Authors and Affiliations
Антон Віталійович Бойко
Keywords
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