THE RULE OF LAW IN ADMINISTRATIVE PROCEEDINGS: FROM THE DOCTRINAL IDEA TO PRACTICAL IMPLEMENTATION
Journal Title: Вісник Національної академії правових наук України - Year 2018, Vol 1, Issue 1
Abstract
The publication examines contents of the elements of the rule of law, defined as mandatory by the Venice Commission in the Report in March 2011. The study was conducted to determine whether these elements were fixed in the text of the Code of Administrative Proceedings of Ukraine. It has been concluded that the Article of the Code, entitled «the Rule of Law», contains information on 2 of the 6 mandatory elements. It has been proposed to set forth the concerning provisions of the Code in such a way that they would be practically applicable; their prescriptions would allow to contribute a specific content to the word combination «the rule of law», understandable both to representatives of the judiciary and private individuals, who are forced to appeal to the latter to protect their rights. As exemplified by the judgment of the European Court of Human Rights, it was illustrated that the neglect by the authorities even of some of the obligatory elements leads to the flouting of the idea of the rule of law in general.
Authors and Affiliations
Nadiia Pysarenko
Keywords
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