Formal legal and factual grounds for the participation of the collective subjects of public administration in administrative proceedings
Journal Title: Науковий вісник Міжнародного гуманітарного університету. Серія: «Юриспруденція» - Year 2018, Vol 35, Issue 1
Abstract
The article reveals the formal legal and factual grounds for the participation of collegial subjects of public administration in administrative proceedings. It has been established that the grounds for the participation of these subjects in administrative court proceedings are objectively existing, general, stable legal ties that determine the possibility of exercising the right to sue, be a defendant or a third party in a case. Among them are state authorities and local authorities. Along with the state authorities, participation in administrative proceedings by non-state actors of public administration at the level of local communities is made up by local councils, executive committees of representative bodies of local self-government and some bodies of self-organization of the population Formal and legal grounds for the participation of these entities in administrative proceedings are elements of their legal status. It is determined that the general legal grounds are fixed in the Constitution of Ukraine and the Code of Administrative Procedure of Ukraine. At the same time, the specific legal grounds for the participation of these subjects in administrative court proceedings are defined in the relevant laws (or parts of these laws), which are devoted to their legal status. Simultaneously, the status of the plaintiffs for such entities should be clearly and explicitly signed in the law. The right to sue have Cabinet of Ministers of Ukraine, National Agency for the Prevention of Corruption, The Accounting Chamber, The Antimonopoly Committee of Ukraine, The National Securities and Stock Market Commission, The National Commission for the regulation of state regulation in the field of financial services markets, The National Commission for State regulation in the fields of energy and utilities etc. It is determined that the factual grounds constitute circumstances and true legal relations of the parties to the dispute. They are expressed in specific actions of legal entities, leading to the emergence, termination or change of legal relations that are within the formal legal impact of collegial subjects of public administration. These actions are the core of controversial relationships. Assessing the legality of decisions, actions or inaction is the essence of the dispute. It was also summarized that the actual life circumstances in the context of the general historical development and the conditions of social progress become concretization factors of the formal legal grounds for participation in administrative court proceedings.
Authors and Affiliations
Ю. І. Цвіркун
Keywords
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