REGARDING THE ISSUE ON LEGAL NATURE OF THE PROCEDURE OF AUTHORIZATION OF SECRET INVESTIGATIVE (SEARCH) ACTIONS BY THE COURT
Journal Title: Судова та слідча практика в Україні - Year 2017, Vol 3, Issue
Abstract
The author of the article grounds administrative and legal nature of the relations composed in regard to the authorization of secret investigative (search) actions (judicial control). To this end, the author examines the current scholars’ positions in determining the legal nature of the judicial control. In the context of their study, the author proves the fallacy of understanding of the judicial control as a procedural form of justice, based on the concept and features of the categories of “dispute”, “conflict”, “judiciary” and briefly revealing the essence of non-procedural court activities (non-procedural functions of the court). The author assigns a special place to the grounding of impropriety of scientific approaches of scholars in terms of which they identify internal and external control exercised by public authorities, as an argument in favor of the procedural nature of the judicial control. Emphasizing the obvious administrative and legal nature of the relations related to the implementation of authorizing the secret investigative (search) actions by the court, the author lists the main features inherent to the control activity of the court.
Authors and Affiliations
Н. В. Токар
Keywords
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- EP ID EP443921
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