PROBLEMS OF SETTLEMENT OF SOCIAL-ECONOMIC RELATIONS BY ADMINISTRATIVE COURT
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 5
Abstract
In the article, from the scientific point of view, the factors of the administrative judicial system regarding the consideration and decision-making on the regulation of socio-economic relations of the subjects of legal proceedings at the legislative level are considered. The analysis and the annual growth of the number of legislative administrative acts and the complexity of solving social and economic relations in the judicial bodies were revealed, and in the legal scientific literature the methodology of consideration of such court cases is not fully disclosed. In such conditions, modern society needs the latest legal approaches to the assessment and application of legal methods for regulating socio-economic relations research. In the process it became clear that the peculiarities of consideration of such cases are that the bringing of the responsibility to the procedural administrative norms may be challenged by the decision, actions or inaction of the subjects of power, the active behavior of which may have an impact on the rights, freedoms and interests of the physical and legal entities, which contradicts the legal nature of the institute of administrative justice. Such actions are characteristic of the consideration of cases of income and expenses, in considering which there are conflicting interests of the state and taxpayers, and the institute of administrative justice becomes an illegal body. In the course of the investigation of judicial practice, it was also found that when considering cases of violation of customs rules in courts, complications were encountered in delimiting the jurisdiction of courts in resolving such cases by the Customs Code of Ukraine as administrative cases. However, administrative penalties are not established in violation of not only customs rules, but also the rules of veterinary medicine, electric power, forest, air, water rules, which explains their depleted character and ambiguity of judgments. Before the judges there are questions regarding the theoretical and applied difficulties related to the interpretation and application of domestic administrative procedural legislation, when, contrary to the article of the KUPA, the court makes a decision in the absence of the minutes of the administrative offense without checking or accepting (committed) acts of power subjects within the powers and in the manner prescribed by the Constitution and laws of Ukraine, taking into account all the circumstances relevant to the adoption of a reasoned decision, in particular, the count This applies when damage was caused to honor, dignity and business reputation of a person or the state. The authors of the article come to the conclusion that in case of insufficient regulation of powers and legislative level, there is a danger of arbitrary interference of subjects of power in the sphere of social and economic activity of individuals and legal entities, especially when the courts do not have framework criteria for challenging and evaluating decisions, actions or inaction of the subjects of power in the consideration of socio-economic affairs. At the same time, the authors conclude that when considering socio-economic lawsuits to appeal decisions, actions or inactivity of the subjects of power authorities, the courts apply not one of the two classical methods, but a peculiar method of a special nature, in which organically intertwined elements and signs as imperative, and dispositive methods of legal regulation, the universality of which opens wide opportunities for the application of the interdisciplinary analogy of the law in order to overcome the gaps in the law. In such circumstances, judicial practice does not lead to a reduction of the sphere of regulation of administrative relations by administrative methods, but increases and modifies the nature of the negative influence of state bodies on social and socio-economic relations. Particularly manifests itself when the courts when considering the socio-economic problems in the trial prove the existence of a managerial function of a subject not empowered. The authors of the article prove the necessity of further research and practical solution of problems with the improvement of administrative legislation, taking into account peculiarities of consideration of socio-economic court cases in the process of appeal of decisions, actions or inactivity of the subjects of power authorities.
Authors and Affiliations
Sergiy Bodnar, Denis Kuzmin, Dmitry Kuzmin
Keywords
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- EP ID EP570736
- DOI 10.25313/2520-2308-2018-5-4051
- Views 133
- Downloads 0
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