ПРАВОВА ПРИРОДА СУДУ ПЕРШОЇ ІНСТАНЦІЇ, ЩО ЗДІЙСНЮЄ ПРАВОСУДДЯ В АДМІНІСТРАТИВНОМУ СУДОЧИНСТВІ

Keywords: public law dispute, court proceedings, administrative process, court of first instance, legal process

Abstract

Public authorities in relations with individuals and legal entities have material, organizational and managerial resources, which does not exclude the possibility of legal disputes that require permission from an independent judiciary.

The article considers the legal nature of the court of first instance that administers justice in administrative proceedings. It is noted that the court of first instance in administrative proceedings can be defined as a body of judicial power endowed by law with jurisdiction to consider and resolve public law disputes to protect violated or disputed rights and legitimate interests of individuals and legal entities in relations with government agencies. activities of state bodies in order to ensure fair protection of the rights of individuals and legal entities.

The presence of system-forming features of administrative proceedings was revealed: a special subject of judicial activity; court competence; increased nature of the procedural form; the peculiarity of such a principle of administrative proceedings as the activity of the court with limited adversarial parties; the specifics of the powers of the court on the subject of legal cases; unity of functions for consideration and resolution of public law disputes and judicial control over the activities of public law bodies. These features determine the procedural status of the court of first instance in administrative proceedings require proper legal regulation of relations for the consideration and resolution of public disputes. The implementation of the procedural form in administrative proceedings is ensured through the exercise of powers by the court of first instance in the consideration and resolution of specific public disputes, a special case of which is an administrative dispute. This indicates a broad subject of court activity in administrative proceedings, different from its understanding, which limits administrative proceedings to disputes over administrative legal relations.

Published
2020-12-30
How to Cite
Ковалів, М., & Єсімов, С. (2020). ПРАВОВА ПРИРОДА СУДУ ПЕРШОЇ ІНСТАНЦІЇ, ЩО ЗДІЙСНЮЄ ПРАВОСУДДЯ В АДМІНІСТРАТИВНОМУ СУДОЧИНСТВІ. Scientific Notes of Lviv University of Business and Law, 27, 155-160. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/357
Section
Series: Law

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