COLLEGIATE SUBJECT OF PUBLIC ADMINISTRATION IN ADMINISTRATIVE PROCEEDINGS AS THE PARTIES IN THE CASE: THE CONCEPTUALIZATION OF CONCEPTS
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
The article reveals the concept of a collegiate subject of public administration in administrative proceedings as a participant in the case. It is established that the problem of this concept was genetically not formally legally installed until the adoption and application of the Code of Administrative Proceedings. In the Soviet era of Ukrainian law, there were no grounds for protection from decisions of collegial subjects of the public administration. It is clarified that the conceptualization of the concept of “collegial subjects of public administration in administrative court proceedings as participants in the case” is possible with the help of scientific knowledge of administrative law and process. The legal nature of the subject of administrative law manifests itself in its special properties. The subject of administrative law differs from other elements of the system of administrative law in that it is a carrier of interrelated qualities, namely, external secrecy; personification; will, determined in the administrative personality; administrative legal regulation. The typical subject of relations in public law is the subject of power (state body, local self-government body, their officials, etc.). By the criterion of the number of officials exercising professional legal personality, the subjects of public administration are divided into individual and collective subjects, including in the field of public administration. Within the framework of the current legislation, the interpretation of the affected problem occurs due to the determination of the legal status of the mentioned above entity. The essence of the investigated definition is outlined according to a number of its features. Among them, the main idea was the idea of collegiality in the organization and functioning of a collegial body of public administration; autonomy of the body from members of the collegial body and its subordination to the manager, who implements the management function in relation to him; equality and the absence of hierarchical relations between officials, as well as between them and the chairman; public-power relations that arise both with the participation of state politicians, and with the participation of civil servants who form this body; administrative procedural legal personality. It is summed up that the legal status of the collegial subjects of the public administration in administrative proceedings as a participant in the case is polystructural and includes the status of the subject of public authority, the legal entity or derivative of it and within it the entity, the collegiality of organization and work, the participant in the administrative process.
Authors and Affiliations
Юрій Іванович Цвіркун
Keywords
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