Evaluation concepts in administrative courtship: problem questions of interpretation and possible ways of their solution.
Journal Title: Прикарпатський юридичний вісник - Year 2017, Vol 1, Issue
Abstract
The article systematically analyzes the problematic issues of interpretation of the provisions of the admin- istrative procedural legislation with valuation concepts that are conditionally divided into three groups: 1) infor- mation with the object and the subject of interpretation; 2) information with the subject of interpretation; 3) in- formation with the methodology and standardization of interpretation. The article focuses attention on the fact that the domestic administrative and procedural legislation contains a lot of various appraisal concepts. Moreo-ver, taking into account the “servicing” direction of the administrative procedural legislation regarding other industries that lack a procedural component, the number of appraisal concepts that are contained in the legal regulations significantly increases, which actualizes the problems of their interpretation. The lack of clearly defined standards of evaluation causes wide possibilities for the exercise of judicial discretion. As a consequence, the same evaluation concept may be interpreted differently by different judges, as evidenced by generalizations of judicial practice. To eliminate the divergence of the interpreta-tion of appraisal concepts in administrative courtship, it is proposed to: 1) change the number of appraisal concepts in the process of lawmaking (making changes, additions to the CAS of Ukraine, developing a new code); Unify the practice of using a single assessment concept for all legislation; To introduce subordinate regulation of legislative provisions with appraisal concepts; To adapt the estimated concepts of domestic legislation to European counterparts; To systematize the practice of the ECtHR for use in the process of interpretation; To intensify the use of scientific and legal expertise, having normatively fixed the relevant grounds; 2) strengthen the process of preparing subjects of interpretation by introducing special courses both in the process of initial training and retraining; To introduce the practice of current and final control of the level of their knowledge; To intensify the preparation of methodical and explanatory materials; 3) in the Law of Ukraine “On normative legal acts” to fix the efini- tion of an appraisal concept, interpretation, and also as standards of evaluation – a list of approximate signs of actions, phenomena, process.
Authors and Affiliations
Г. В. Мойсеєнко
Keywords
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