Work number - M 102 ALLOWED TO PARTICIPATE
Author:Bryntseva L. V.
The series is recommended by National University “Yaroslav the Wise Law Academy of Ukraine”.
The series of the work consists of 3 monographs, 4 articles and 4 theses of scientific conferences, published during 8 years.
Research is devoted to the examination of administrative and legal disputes and their adjudication in administrative order. Author determination of administrative and legal dispute is offered. Separate attention is given to the question of correlation of legal categories “administrative dispute” and “administrative infraction”. The characterizing features of administrative and legal dispute, which allow delimiting it from other types of legal disputes, are determined. Division of administrative and legal disputes by types according to the character of financial legal relationships, which engender dispute: disputes, which arise out of relations of vertical type, and disputes, which arise out of relations of horizontal type, is offered. Object and subject of administrative and legal dispute are determined.
The lacks of the normative and legal adjusting of administrative order of proceedings of legal disputes are analysed and basic directions of its improvement is formulated. In particular, formation of subdivisions of administrative quasi-justice within the bodies of executive power and establishment of position of quasi-judge are offered. The necessity of standardization of administrative procedure of such disputes’ permission is grounded. The two-level system of administrative appeal is offered.
Certain suggestions on amending and expanding to legislation in effect, which regulate the order of settlement of administrative and legal disputes, are formulated.
The results of researches are given in more than 10 publications, including 3monographs, 4 articles in abstract journals.