THE CONCEPT OF PUBLIC-LEGAL DISPUTE AND ITS DISTRIBUTION WITH CONNECTED CONTRAST “PUBLIC-LEGAL CONFLICT”, “PUBLIC-LEGAL CONFLICT”, “ADMINISTRATIVE AND LEGAL DISPUTE”
Journal Title: «Приватне та публічне право» - Year 2018, Vol 2, Issue
Abstract
The article deals with the concept of public-law dispute and related concepts “public-legal conflict”, “state-legal conflict”, “administrative-legal dispute”. The necessity of scientific development of the concept of a public-legal dispute, which is explained primarily by practical necessity, is grounded, since in the current Code of Administrative Judicial Procedure of Ukraine this term is used, but its definition is not defined, and therefore, there is not a single understanding. The author emphasizes the fact that public-legal relations – are social relations stipulated by the rules of public law, expressed in the mutual rights and responsibilities of their participants in various spheres of society’s life, associated with the implementation of public authority. The definition of these concepts is proposed, their correlation and expediency in the domestic legislation are investigated. The author identifies two large groups of legal conflicts, based on their understanding. Interdependent elements are determined, with the help of which it is possible to establish signs of public-legal disputes and their subject. And this is a relationship, firstly, with the implementation of public authority in a broad sense, that is, the activities of state authorities and local self-government, as well as the functioning of institutions of direct democracy. Secondly, relations related to the participation of citizens in the management of public and social affairs. Thirdly, relations regarding the provision and protection of public interests, including the “growth” of private interests in public. The main attention is paid to the issues of understanding the problem of administrative justice. The existing approaches to effective law and legal science to understanding of public-law disputes are analyzed. It is noted that the doctrinal nature of certain conflictual grounds is noted in the attempt to define such a special type of social conflicts as state-legal conflicts. The analysis of definitions enables the author to understand that the theory of state-legal conflicts has suffered seriously “into captivity” of conflict-related concepts that are used in modern political science and sociology. In essence, the conflict research, which is currently being conducted within the framework of science of law, is, in many cases, the mere extension of the “conflictological matter” to the state-dominated plane. The author states that public-legal relations cover relations that arise between private individuals and all subjects of power, regardless of their affiliation with state authorities. In addition, public-law relations cover not only the sphere of governance. The practical work of the courts for resolving public disputes will more adequately reflect the challenges facing the judiciary in the event of proper scientific study of the category of these categories, which will be further analyzed in further scientific research.
Authors and Affiliations
І. Е. Черняхович
Keywords
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