Порядок перегляду рішень адміністративного суду в апеляційній інстанції
Journal Title: Державне будівництво та місцеве самоврядування - Year 2018, Vol 1, Issue 35
Abstract
The analysis of problem of realization of plenary powers of court of appellate instance is carried out in the administrative legal proceeding. In-process an author examines essence of concept plenary «powers», and also grounds own vision of maintenance and nature of plenary powers of appeal court. Found out problem questions in relation to realization of the administrative legal proceeding in appellate instances. Suggestions are in-process resulted in relation to the possible decision of the outlined legal blanks. The scientific understanding of revision of decisions of circuit administrative courts is improved in an appellate instance as a complex administrative legal regime, which is the set order of realization of appeal courts judges administratively delict to activity, which is normatively formulated as permissions, prohibitions and detailed orders in the rules of lawsuit realization, realization in matters, that swim out from administrative and other public legal relationships in appellate judicial legislation, and rules of realization in matters about administrative offences in an administrative legislation. Investigational structure of the administrative legal regime revision of decisions of circuit administrative courts in an appellate instance the complex of the followings basic elements is included in which: aggregate of norms of right, which determine status of judges of appeal courts which examine put about administrative offences and that regulate the order of realization a judge administratively judicial to activity; aggregate of relations which are folded in connection with realization of norms of right, including norms which foresee possibility of acceptance of measures administrative and other state compulsion, awarding punishment, order of consideration of business about administrative offence, actions of appellate judge, order of appeal;) the having a special purpose setting is a task, for providing of which the proper administrative legal regime is entered. Administrative legal status of judge of administrative appeal court, which is unique social education and such, is optimized, that substantially differs from legal status of other administrative legal subjects. The first leading factor of his specificity is an institute of inviolability of judge and independence of judicial branch of power from legislative and executive and no legal influence of any other persons. A necessity to extend a right for organizations and citizens on the statutory appeal of the administrative court rulings which did not enter into legal force is well-proven. In particular, such right must be given to organizations and citizens on the appeal of decisions about claim of world agreement, about a refuse in admitting of the interested person to participating in business, about disposing of material proofs, about a refuse in stopping of realization in business, when an administrative court is under an obligation to do it, about a refuse in satisfaction of solicitor of plaintiff about the change of object or foundation of lawsuit, about abandonment without motion of point of claim. The necessity of increase of efficiency of appellate realization is taken into account. A conclusion is thus done, that the objects of appellate realization cannot be inactivity of court of first instance. There is existence of possibility of expansion of circle of judicial decisions as objects of statutory appeal with the purpose of providing of realization of constitutional rights on the appeal of court decisions by the subjects of administrative judicial legal relationships. Taking into account marked added to criticism existent legislative limitations in relation to the appeal of decisions of appeal court for to the separate categories of administrative businesses. Argued, that optimization of efficiency of revision of decisions of circuit administrative courts is in an appellate instance, is one of facilities of realization of tasks of the administrative legal proceeding. Coming from it during the proper realization after petition of appeal efficiency of proceeding in rights, freedoms or interests of foregoing persons depends the appeal court of mechanism of consideration of administrative business. The necessity of development and passing an act is well-proven about disciplinary responsibility of judges, including about the order of stopping of plenary powers of judges, which carry on activity, not consonant with justiceships, or that undertook actions, which trench upon honor and dignity of judge or that diminish authority of department judicial, which will allow to specify and systematize responsibility of judges. Argued, that by the most effective and effective mean in the field of offences, and also there is a judicial trial of contradictions defense of rights and freedoms of citizens in an appellate instance, properly geared-up and conducted with the observance of all requirements of legislation, and taking away on this basis of legal and grounded judicial act.
Authors and Affiliations
I. Polyakov
Keywords
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- EP ID EP612764
- DOI 10.31359/1993-0941-2018-35-284
- Views 109
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