SUBJECTS OF AUTHORITY AS ADMINISTRATIVE PLAINTIFFS IN THE ADMINISTRATIVE PROCESS OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the consideration of theoretical and practical questions regarding the definition of the subjects of power authorities as administrative plaintiffs in the administrative process of Ukraine. The system and powers of the subjects of power authorities as administrative plaintiffs are considered. The complex of scientific literature concerning the powers of the subjects of power authorities as administrative plaintiffs has been analyzed. The conceptual approaches to the definition of the subjects of power authorities as administrative plaintiffs in the administrative process are investigated. The proposals on optimization of the system and updating of the status of subjects of power authorities as administrative plaintiffs in the national administrative process are formulated. Of crucial importance for the correct disclosure of the legal nature of the legal status of the subjects of imperious plenary powers in the administrative process is the unambiguous definition of the content of the concept of “subjects of imperious plenary powers”. Since the notion of “subjects of imperious plenary powers” has not received the proper and exhaustive justification by administrative-legal science or national legislation, the corresponding disclosure requires the essence of this concept and the characteristic features of such entities. The argumentation of the content of the concept of “subjects of imperious plenary powers” will avoid confusion in determining a specific plaintiff or defendant. Uniform for the administrative activity of executive bodies is the joint publication of acts of state administration by the subjects of power. Subjects of imperious plenary powers in the administrative process are allocated with a certain amount of administrative procedural legal capacity and administrative and procedural capacity, which collectively allows these subjects to acquire and realize the status of the parties, third parties, persons who by law have been granted the right to protect in court the rights, freedoms and interests of other persons. It is essential to open up and substantiate the criteria that would unambiguously determine which of the subjects of the power of attorney-participants in the public-legal dispute should acquire the corresponding procedural status in connection with the violation of the administrative case. Therefore, in order to finally solve practical problems in determining and formulating the content of the legal status of the authorities in the administrative process, in the long term, scientific searches should be directed precisely at substantiation of the essence of the concept of “subjects of imperious plenary powers” and the peculiarities of the acquisition of such entities by the status the carrier of these powers.
Authors and Affiliations
М. Д. Петришина
Keywords
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