CONCEPT OF ADMINISTRATIVE AND LEGAL DISPUTE
Journal Title: Право і суспільство - Year 2017, Vol 2, Issue 2
Abstract
The article is dedicated to the considering of the concept of administrative legal dispute. The author asserts that a administrative legal conflict outgrows in a administrative legal dispute then, when a citizen (legal entity) realizes that the external behavior of subject of imperious plenary powers, shown in legal acts, other imperious actions or in inactivity, directed against him, creates obstacle to satisfaction of legal rights and interests. The conflict can be pre-condition of origin of dispute in legal sense, but not any administrative legal dispute develops on the base of conflict and moreover not any dispute is a conflict. It is accordingly impossible always to talk about a administrative legal dispute as about the variety of social conflict. The reaction of conflict side can flow on the action of opposite subject, both in legal frameworks, id est there is a legal dispute and in not legal forms that can have a certain measure of public danger and talk about an administrative dispute hardly logically. It is suggested to understand an administrative legal dispute as a complex of material, judicial administrative legal relationship that is characterized by the presence of contradictions at parties, interests caused by a conflict in the field of public management or misunderstood of looks to legality and validity of organizational actions of organs and persons provided with state-imperious administrative plenary powers.
Authors and Affiliations
Д. М. ЯВДОКИМЕНКО
Keywords
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