Characterization of public-law disputes which are solved in simplified proceedings
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2019, Vol 1, Issue 1
Abstract
The article deals with the characterization of public-law disputes, which are solved in the simplified administration of administrative proceedings. The article draws attention to the fact that the implementation of such a form of legal proceedings in the administrative procedure as it simplifies gives a number of positive points, namely: protection of the rights, freedoms and interests of the person is carried out in short terms (certain types of public-legal disputes are considered during the day); the burden on the courts decreases; there is no delay in the process. It is noted that a special category of cases that are dealt with in a simplified claim form are urgent cases and their features are clarified. Almost all public-legal disputes can be considered under the rules of simplified lawsuit, as stipulated in Art. 257 Code of Administrative Judicial Reconnaissance of Ukraine. However, certain categories of public-law disputes are considered under the rules of simplified proceedings without notice to the participants of the case (in written procedure). Implementation of such a form of legal proceedings in administrative proceedings simplifies a number of positive points, namely: protection of the rights, freedoms and interests of the person is carried out in the short term (certain types of public-legal disputes are considered during the day); the burden on the courts decreases; there is no delay in the process. A special category of cases that are dealt with in a simplified claim form are urgent cases. The peculiarities of urgent cases are as follows: urgent cases are dealt with according to the rules of the general lawsuit, but in short terms; the defendant and other participants of the case shall be notified immediately by the court; statements of fact are the statement of claim and the reference to the statement of claim (reference); the terms established for urgent cases, determined by this article, are calculated by calendar days and hours; the time limits for lodging appeals and appeals appearing in cases established by this article can not be renewed; Copies of court decisions to the participants of the case are immediately provided or sent; judicial decisions are coming into force from the moment of their proclamation.
Authors and Affiliations
Ye. A. Paliy
Keywords
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- EP ID EP584589
- DOI 10.31733/2078-3566-2019-1-84-88
- Views 121
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