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Viche 2010 18

18, 2010

Genesis of Doctrine Definition of Content of Category Administrative Process

The necessity of more careful research of problem of essence and content of the concept administrative process is defined by legislative regulation of this concept which is carried out only by the Code of Administrative Legal Procedure of Ukraine. Article 3 of the Code determines administrative process as legal relationships which are developed during the realization of the administrative legal proceeding. It is the name for the activity of administrative courts in relation to the consideration and settlement of administrative cases in the order set by the Code of Administrative Legal Procedure of Ukraine.

 

On the basis of aforementioned it is possible to come to conclusion about the absence of form of action of all other types of judicial relations the legal regime of which is defined not by the Code of Administrative Legal Procedure of Ukraine but by other legislative and sublegislative acts. Especially it concerns those relations which are developed in connection with the adoption of administrative decisions by the organs of executive power, other authorized organs (in particular, organs of local self-government) and their public servants. It is clear that it is impossible to agree with such conclusion, and therefore the normatively set limitation of administrative process requires the revision and bringing of changes to the mentioned principle of the Code of Administrative Legal Procedure of Ukraine.

Yana Ivanenko