PREREQUISITES FOR BUILDING A NEW MODEL FOR RESOLVING DISPUTES IN THE FIELD OF PUBLIC RELATIONS IN THE DIMENSION OF INTERNATIONAL STANDARDS OF JUSTICE
Journal Title: Юридичний бюлетень - Year 2018, Vol 8, Issue
Abstract
The article analyzes the preconditions for the formation of a model for resolving disputes in the field of public-legal relations taking into account the recommendations of the Council of Europe and other European institutions. The article focuses on the latest changes to the Code of Administrative Justice of Ukraine in relation to bringing its norms to the requirements that apply to Ukraine in order to fulfill its obligations in terms of reforming the legal system, including the sphere of justice. The theoretical and methodological peculiarity of such a problem lies in the fact that the legal standards of any sphere cannot be considered separated from the development of the whole legal system, all its sectoral and institutional elements. The logic of the study is formed in such a way that, since the introduction of international legal standards is closely linked to the peculiarities of national law, in particular when it comes to standards of administrative legal proceedings, there is a need to study the general sphere of public-legal relations in which disputes arise. It is indecent to form a new model for resolving disputes in the field of public-legal relations through means of administrative legal proceedings in Ukraine, based only on the peculiarities of the regulation of the organization of the system of administrative justice in certain developed countries of the world by means of a “blind” transfer to the domestic legal field. Separately, the role of comparative studies is pointed out, since comparative law in the field of modern administrative law is central to the formation of the national legal system, it helps to avoid many mistakes in the process of making managerial and political decisions. At the same time, it is important to understand the complexity of such a process when it comes to the implementation of international standards, because often the interpretation of certain provisions of international acts is simplified or superficial. The use of analogies in it leads to an understanding of certain categories as corresponding to the form, and not to the content of the claimed claims presented in a particular standard. Accordingly, this affects the right-of-implementation processes.
Authors and Affiliations
В’ячеслав В’ячеславович Тильчик
Keywords
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