BASIC STAGES OF DEVELOPMENT OF INSTITUTE OF APPEAL IN ADMINISTRATIVE LEGAL PROCEEDINGS: ESSENCE AND MEANING
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article is devoted to research of general theoretic questions in relation to opening of the historical legal becoming of institute of appeal in the administrative legal proceeding. In-process the selected features of appellate realization are on every separate stage of historical development of the Ukrainian state. Appellate realization is the important judicial guarantee of defense of rights and interests of persons, which took part in consideration of business, – physical and legal persons, and also states which are guarded by a law. It is the mean of strengthening of legality in the administrative legal proceeding and effective realization of justice. On the basis of research in this article of material and taking into account position of the newest judicial legislation and legislation about juridical system, last achievements of legal science, signs are selected modern domestic institute of appeal, in particular: 1) appellate realization is procedure of the second of county court, which did not collect legal force, thought an appeal court, taking into account the rightness of establishment of facts there is application of right; 2) a revision is carried out by the court of appellate instance by a college in composition three judges which have a more well-educated positive experience of administration justice; 3) the serve of petition of appeal and its consideration in an appeal court stops going into effect to the decrees of the first instance and his implementation, except for the cases of direct execution of court decision; 4) from the moment of announcement of cramps of appellate instance of own decision the last goes into effect and enters into legal force of decrees of the first instance. A study of the basic stages of origin and development is an institute of appeal gave possibility to define legal nature of modern appellate realization, his sign, essence. A large value has a study of experience of history, legislation and science of administrative judicial law for the correct going near realization of this type of realization as one of guarantees of defense of the broken rights, and interests are protected by the law of subjects of administrative judicial legal relationships.
Authors and Affiliations
І. С. Поляков
Keywords
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