PROCEEDINGS ON APPEALS THO THE PUBLIC ADMINISTRATION: ACTUAL THEORETICAL GENERALIZATIONS

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PROCEEDINGS ON APPEALS THO THE PUBLIC ADMINISTRATION: ACTUAL THEORETICAL GENERALIZATIONS

Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 2, Issue

Abstract

In the article the author reviews the nature of proceedings on appeals to the public administration through the generalized category of administrative process. Analyzes jurisdictional, judicial, administrative concept of the administrative process. Pays attention that the Ukrainian legal science has gone through the development of a broad understanding of the legal process. Representatives of the managerial conception see a phenomenon of the administrative process in all spheres of state activities, especially in public administration. Besides, the emphasis on the fact that the administrative process is aimed not only at the realization of substantive norms of the administrative law, but also for the realization of the substantive norms of the other branches of law. The author emphasizes that the problem of understanding the essence of the administrative process by the approaches mentioned above, is not exhausted. The ambiguity of understanding the logical content and scope of understanding of «legal procedure» by which scientists are also trying to find out the legal nature of the administrative process, makes its own unfavorable adjustments. The author considers the peculiarities of understanding of legal procedures from the etymological, legal and legislative points of view. Characterizes the features of administrative proceedings, stresses that the analysis of professional literature shows a wide range of subject characteristics of administrative proceedings in the native science of administrative law, pays attention that the more or less unanimous positions of scientists can be seen in the distribution of administrative proceedings on the basis of classification the presence or absence of conflict among the parties of legal relationships. The vast majority of lawyers, according to this criterion, set apart non-jurisdictional (conflict-free) proceedings and jurisdictional (conflict) proceedings. Taking into account stated above, concludes that the proceedings by the applications, proposals, requests for information or clarification of existing legislation addressed to public administration has a conflict-free nature, and proceedings by the complaints to the public administration has a conflict nature, respectively. It determines the nature of proceedings on appeals to public administration under which it proposes to understand: regulated by administrative and procedural rules the activity of the public administration on review and resolution of appeals of individuals and legal entities. In the framework of the outlined administrative proceedings the author singles out the procedural stages (relatively their isolated parts): institution of proceedings, examination of cases, a decision on the case, appeal against the decision in the case; execution of the decision in the case. It offers a number of other actual theoretical conclusions and generalizations about indicated problematic.

Authors and Affiliations

Н. П. Каменська

Keywords

EP ID EP476190
DOI -
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