Determination of the jurisdiction of administrative courts in resolving public disputes in the sphere of the use of natural resources
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2017, Vol 30, Issue 1
Abstract
The purpose of this article is to determine the jurisdiction of administrative courts in resolving public disputes over the use of natural resources. The author raises the problem of the correlation between the concepts of jurisdiction and jurisdiction. The types of subordination (exclusive, alternative, contractual, conditional) are determined. It is emphasized that in order to determine the subordination of consideration of certain categories of cases, it is necessary to take into account the nature of the dispute, the subjective composition of disputable legal relations, the existence of special requirements established by law. An obligatory condition for the emergence of a legal dispute in the sphere of the use of natural resources determines the offensive or the possibility of the occurrence of environmental damage. It is substantiated that administrative justice is that certain legislation guaranteeing the solution of public disputes in the sphere of the use of natural resources, the effectiveness of which is evident due to the relative stability of the judicial system and the independence of judges in the consideration of administrative cases.
Authors and Affiliations
А. В. Хоменко
Keywords
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