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
Related Articles
- EP ID EP443921
- DOI -
- Views 110
- Downloads 0
ISSUES OF DEVELOPMENT OF DIGITAL INFRASTRUCTURE IN THE TRANSPORT SECTOR AND COMMUNICATION WITH ADMINISTRATIVE REFEREEING
The article raises questions concerning additional aspects of digitalization and simplification of the procedure for legal grounds for driving vehicles. The current state of legal regulation of this sphere of relations i...
LEGISLATION ON LANDING OF PUBLIC PERSONS IN XVII – XIX CENTURIES ON TERRITORIES OF UKRAINE
The article is devoted to the study of the history of the development of domestic legislation on attacks on the lives of statesmen. The features of this institute were determined in the 17th-19th centuries, in particular...
CURRENT STATE AND PROSPECTS OF IMPLEMENTING PROGRESSIVE INFORMATION TECHNOLOGIES IN THE FIELD OF PUBLIC SAFETY AND ORDER PROVISION
The article is dedicated to the development of criminalistic recommendations as to solving complex problems of ensuring public safety and order based on the use of progressive information technologies for the purposes...
DETERMINATION AND SPECIFICITIES OF LEGAL RELATIONS IN THE ADMINISTRATIVE COURT
The article deals with the problem of legal relations in the field of administrative legal proceedings. The concepts and peculiarities of such legal relationships are revealed. The structure of legal relations in the fie...
REGARDING THE ISSUE ON LEGAL NATURE OF THE PROCEDURE OF AUTHORIZATION OF SECRET INVESTIGATIVE (SEARCH) ACTIONS BY THE COURT
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 t...