Administrative law and process最新文献

{"title":"DIRECTIONS OF IMPROVEMENT OF LEGAL REGULATION OF ADMINISTRATIVE RESPONSIBILITY FOR DRIVING OF VEHICLES IN THE STATE OF INTOXICATION","authors":"I. Pastukh","doi":"10.17721/2227-796x.2022.2.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.06","url":null,"abstract":"The purpose of the article is to consider the current state and identify areas for improving the legal regulation of administrative liability for driving while intoxicated under martial law. Based on the provisions of current legislation, achievements of the science of administrative law, it considers the provisions of three draft laws of Ukraine, which amend the Code of Ukraine on Administrative Offenses to strengthen liability for driving under the influence of alcohol, drugs or other intoxicants martial law. A number of research methods are used, due to its purpose and objectives. Statistical – to determine the dynamics of the number of administrative offenses committed with the participation of drivers who were behind the wheel in a state of intoxication. System-structural and functional – to determine the place and role of individual public administration in ensuring the country’s defense capabilities, the comparative law method was used in the study of draft regulations and CAO, which determine the grounds and procedure for confiscation of vehicles, etc. Results. The norms of the draft laws are considered from the point of view of their material and procedural direction. According to the first direction, remarks and proposals were formulated: on the general provisions of confiscation of a vehicle, which consists in its forced gratuitous transfer to state ownership; concerning the range of subjects for whose needs confiscated vehicles are transferred during martial law, excluding the Ministry of Internal Affairs from this list and expanding it at the expense of the National Guard of Ukraine, other military formations formed in accordance with the laws of Ukraine; on the inexpediency of supplementing the Code of Administrative Offenses with a rule that deprivation of the right to drive vehicles is appointed by the court and applies to persons who have such a right legally, as they make it impossible to apply the provisions of Part 2, 3, 6, 7 of Art. 130 of the Code; on the inexpediency of imposing such a penalty as deprivation of the right to drive vehicles for ten years and their confiscation, as they are contrary to applicable law; concerning introduction of temporary detention of vehicles before the decision of the case on the administrative offense provided by Art. 130 of the Code of Administrative Offenses (proposals to Article 265-2 of the Code). Conclusions. The main proposals of the author to the existing draft legislation are reduced to amendments to existing legislation in the following areas: a) temporary detention with a ban on the alienation of such a vehicle before the case judge; b) a reduced period for imposing such a penalty. It is emphasized that the existing projects need significant refinement, the application of a comprehensive substantive approach in order to ensure the implementation of tasks and achieve their goals.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79438753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"IMPLEMENTATION OF ELECTRONIC ADMINISTRATIVE JUDICIAL PROCEDURE IN UKRAINE: PREREQUISITES, ESSENCE AND STAGES OF ESTABLISHMENT","authors":"K.V. Piatyhora","doi":"10.17721/2227-796x.2022.3.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.3.05","url":null,"abstract":"The purpose of this article is to reveal the essence and content of the concept of “electronic court”, to determine the preconditions for the formation of electronic administrative proceedings in Ukraine, to analyze the main stages of formation and development of “electronic court” in administrative proceedings of Ukraine. The research methodology was formed by a set of general scientific and special methods of cognition. The use of these methods was mostly complex, due to the specifics of the topic of the scientific article. In particular, the systematic method is used in the study of the categorical apparatus, namely in defining the concepts of “electronic court” and “electronic administrative proceedings”. The formal-legal method is also used to clarify the content of legal concepts. The author uses the dialectical method of cognition during the research and systematization of the stages of development of electronic administrative proceedings in Ukraine. The periodization proposed by the author is based on a significant amount of normative material that regulates the functioning of e-justice in Ukraine. Thanks to the methods of synthesis and generalization, the main possibilities of e-justice, which can be used by a participant in the administrative process, have been identified. The results of the study are to define and clarify the concept of “electronic court” based on the analysis of scientific views and current legislation of Ukraine. The concept of “electronic court” in the broad and narrow sense. The preconditions for the emergence of electronic administrative proceedings in Ukraine have been studied and it has been established that the informatization of the judicial system has led to the formation of a new way of administering justice – electronic, ie on the basis of information and telecommunications technologies. The main stages of development of electronic administrative proceedings in Ukraine are highlighted and characterized, and the successful implementation of the e-court project in Ukraine is emphasized. On the basis of the analysis of the current legislation of Ukraine the peculiarities of the functioning of the “electronic court” are determined and the new possibilities of the “electronic court” are singled out, which are given to the participants of the administrative process during their administrative cases. It is concluded that at the present stage of development of the judicial system of Ukraine, electronic administrative proceedings are only at the stage of their formation and require a lot of effort for their full and effective functioning. Emphasis is placed on the success that our judicial system has achieved in implementing this project. Therefore, further research and implementation of this project is one of the main ways to improve the efficiency of justice in Ukraine.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"161 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80158368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"TERMINOLOGICAL PROBLEMS LAW OF UKRAINE «ON ADMINISTRATIVE PROCEDURE»","authors":"R. Melnyk","doi":"10.17721/2227-796x.2022.4.01","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.01","url":null,"abstract":"Purpose. The article is focused on the analysis of the content of determining certain termsformulated in the Law of Ukraine «On Administrative Procedure» with further provision ofsuggestions on their improvement.Methods. The research methodology consists of various methods of scientific cognition, includingcomparative and legal, systemic and structural, analysis, synthesis and others, which allow ussystematically and consistently to solve scientific tasks, to study and compare the scholars’ pointsof view, the provisions of legal acts of the respective countries, court caselaw and to formulate theauthor’s conclusions.The results. The author of the article claims that domestic researchers, including drafters ofregulatory legal acts, are rather superficial and sometimes irresponsible while formulatingdefinitions of the relevant legal terms, which has an extremely negative effect on the efficiency ofadministration of the law. It is due to the fact that the definition contains an abstract model andwhich is compared to the real existing social relations, which are waiting to be regulated with thehelp of an administrative act.The content of the definitions of the following terms «administrative body», «administrative act»,«arbitrary power» has been analyzed in the article. Those terms have received legal wording inthe Law of Ukraine «On Administrative Procedure».Conclusions. Based on the results of the relevant studies, the author has offered to change thedefinition of an administrative body and to understand it as any entity that performs publicadministration functions related to the adoption of an administrative act on a permanent or temporary basis. It has been proved that the legal definition of an administrative act suffers fromits incompleteness, which is manifested in the following: lack of the “link” of an administrativeact to the sphere of administrative and legal regulation; impossibility of extending the effect of anadministrative act to a group of entities, which can be determined on the basis of certain criteria;disregarding the possibility of an administrative act’s existence without an addressee; ignoringthe fact that an administrative act should be limited only by external impact.According to the author’s opinion, the definition of arbitrary power also seems problematic,since the specific features of this category were not taken into account during the process of itsdefinition. The author of the paper suggests to understand arbitrary power as a certain spacegiven to an administrative body in order to make a choice between several decisions permissiblefrom the point of view of law.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"96 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80361612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"DISINFORMATION: CONCEPT AND ESSENCE","authors":"O. Samchynska","doi":"10.17721/2227-796x.2022.3.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.3.03","url":null,"abstract":"The purpose of the study is to clarify the essence of disinformation as a threat to the rights and legitimate interests of a person, society, and the state, to identify its main features, and to formulate a clear definition of this concept. Methods. To achieve this goal, the following methods were used: analysis, synthesis, comparative law, abstraction, and generalization. Results. Different approaches to the definition of “disinformation” are considered. The main features of this phenomenon are singled out and generalized. The difference between the terms “disinformation”, “unreliable information” and “misinformation” is established. It is determined that the obligatory signs of disinformation are: intent to create, modify, and/or disseminate inaccurate information, intent to mislead, pre-determined purpose, and violation or the possibility of violation of legal rights and interests of a person or state as a result of such activities. The own approach to the understanding of disinformation in a narrow and wide sense is formulated. It is proposed to enshrine at the legal level the definition of this concept as a purposeful process of creating, modifying, and disseminating information, both inaccurate and reliable, to mislead individuals (groups of persons) to achieve political, economic, or ideological goals, which violate or human and civil rights and/or society and the state may be violated, and take it as a basis for the activities of the Center for Counteracting Disinformation and other public authorities in the performance of tasks related to counteracting and preventing the negative consequences of disinformation. Conclusions. In the digital age, disinformation has reached a “new level” and has certainly become one of the main challenges for both individual, states and the entire international community. Therefore, the development of legal mechanisms to combat this phenomenon has become more urgent than ever. In Ukraine, there is an understanding of the danger of this phenomenon, as evidenced by the definition of disinformation as one of the challenges and threats to national interests at the level of strategic regulations and the creation of a special working body of the National Security and Defense Council of Ukraine – Disinformation Center. At the same time, there is no definition of “disinformation” in national legislation. The key to the effective implementation of information policy to prevent and counteract the negative consequences of disinformation, protection of national security and interests in the information sphere, and the activities of the Center for Countering Disinformation is to consolidate the concept of “disinformation” at the regulatory level.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74186538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CERTAIN ASPECTS ON THE ORGANIZATION OF TRAFFIC CONTROL","authors":"Yevhen Bakutin","doi":"10.17721/2227-796x.2022.2.03","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.03","url":null,"abstract":"The article is devoted to traffic control with the use of vehicles. Control over road users is a very effective area of activity of the Patrol Police Department, which allows to quickly influence the traffic process and the behavior of its participants. That is, the patrol police directly monitors traffic in Ukraine. The effectiveness of control largely depends on the forms and methods of its implementation. According to most experts, the reduction in accidents is due to a number of national measures, among which an important place is to improve the rules establishing liability for violations of traffic rules. The purpose of the study – the article considers the issue of car – phantom patrol in a more “understandable” aspect, namely: the implementation of specialized police cars without special external control over compliance with road users in accordance with the Law of Ukraine “On Road Traffic”. Methodology. The research is based on the dialectical-materialist method of scientific knowledge of social and legal phenomena, as well as general and special methods of legal science, namely: system-structural, comparative-legal, logical-legal (dogmatic), statistical. The scientific novelty of the study is to prove a particularly acute issue in the fight against traffic safety in the field of specialized vehicles – “phantoms”. Legislation on road safety has played a positive role in the last five years. The state of accidents in the state has stabilized, the level of discipline of road users has relatively increased. However, the problem of traffic safety remains unresolved. Experience with the implementation of traffic policy shows that the implementation of preventive measures is successful when the methods of persuasion are supported by legal norms that establish responsibility, an adequate degree of public danger of traffic violations. Conclusions. Regarding the introduction of fixation of traffic violations by specialized cars – “phantoms”, it should be noted that this should be preceded by extensive outreach among citizens and especially among drivers. Therefore, it is desirable to organize explanatory work of patrol police chiefs in the media. As a result, all this will lead to an atmosphere of understanding among drivers about the need and legitimacy of the use of this form of control in the work of the patrol police of Ukraine. The main purpose of the introduction of specialized vehicles – “phantoms” – is to identify and eliminate from the process of traffic drivers who have committed serious violations that directly affect the occurrence of road accidents. Therefore, timely control is the key to road safety and saved lives.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"24 34","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91436525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"UPDATE OF REGULATORY AND LEGAL ACTS IN CONNECTION WITH THE ADOPTION OF THE LAW OF UKRAINE «ABOUT ADMINISTRATIVE PROCEDURE»","authors":"Andriy Shkolyk","doi":"10.17721/2227-796x.2022.4.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.05","url":null,"abstract":"The purpose of the article is to establish optimal ways of amending the existing normativelegal acts of Ukraine (mainly legislative, but also by-laws) containing separate administrativeprocedural norms, due to the recent adoption of the general Law of Ukraine «On AdministrativeProcedure», which should enter into force at the end of 2023.The methodology used in the article involves the use of scientific methods of documentary analysis,comparative jurisprudence, modeling, as well as the system method.As a result of the conducted research, general conclusions and recommendations were formulated for the subjects of norm-designing and norm-making activities regarding the significant update ofexisting legal acts with different scope of administrative procedural norms in connection with theadoption of the General Law of Ukraine «On Administrative Procedure».First of all, in the above-mentioned activity, the reduction of the number and, in general, theminimization of normative legal acts, which to a greater or lesser extent regulate the administrativeprocedure in Ukraine, are desirable. Such minimization will objectively reduce the existing risks ofconflicts of legal norms and potential legal uncertainty for numerous subjects of law enforcement,both for functionally belonging to the public administration at the central and local levels, and forprivate (natural and legal) persons – participants in administrative proceedings.Secondly, the preservation of special legal regulation in certain spheres of activity of the nationalpublic administration should not be motivated by the mere existence of legislative acts or, moreover,by established traditions of their enforcement, which in practice borders on conservatism. Theonly reason for leaving certain acts of special legislation with the content of administrativeproceduralnorms in force should be a real justification of the feasibility of enshrining certainfeatures, different from the rules of general administrative procedure.Thirdly, in justified cases of preservation of special regulatory legal acts, their provisions shouldbe coordinated not only with the principles of administrative procedure defined by the newGeneral Law, but also with its new terminology and approaches to key administrative proceduralinstitutions.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"46 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79110598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE NORMS THAT ESTABLISH THE PROCEDURES FOR COLLECTION OF LOCAL TAXES IN THE STRUCTURE OF THE TAX CODE OF UKRAINE","authors":"K. Nedostup","doi":"10.17721/2227-796x.2022.2.05","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.2.05","url":null,"abstract":"Purpose. The purpose of the article is to substantiate the proposal regarding the placement of legal norms that establish the procedure for collection of local taxes in the structure of the Tax Code of Ukraine. Methods. The quantitative text processing of the text of the Tax Code of Ukraine followed by the interpretation of the results was carried out with the help of content analysis. The formal and legal method was used for the logical processing of legal norms. The comparative method was used when comparing the structure of the code throughout its validity period and the grouping method was used during the division of local taxes and fees depending on the object of taxation. Results. It was substantiated that the legally established definition of the concept of “tax (fee, contribution)” has a tautology of essential features of the direction of mandatory payment. It contains the condition that payers receive a special benefit, which does not correspond to reality, is not fully correlated with rent payments and rent (for land). The words that are not synonyms and have different lexical meanings are identified in the defined concept. The logical definitions of the tax-legal terms such as “tax” and “local tax” which reveal the essence of these mandatory payments were formulated. It was proven that there is no property tax in the tax system. The norms of article 265 of the Tax Code of Ukraine are contrary to common sense – one local tax cannot “consist»” of three local taxes that have different legally established mandatory elements. It was emphasized that today, if business entity has the appropriate property (within the meaning given in article 190 of the Civil Code of Ukraine), it may be a payer of real property tax other than land, transport tax, land tax and parking spaces tax. The object of tourist taxation is not legally established. It was proven that it is a temporary accommodation service received by individual who is a taxpayer in the places of residence (overnight stay), the list of which is given in paragraph 268.5.1 of the Tax Code of Ukraine. It was emphasized that the name and the structure of Section XII of the Tax Code of Ukraine are not consistent with the norms of article 10 and article 265 of this Code. This section of the codified legal act includes the norms that establish the procedure for collection of the tourist tax, which is not taxed on property. Conclusions. The proposed structure of the special part of the Tax Code of Ukraine, which includes the procedures for collection of existing taxes and fees in the tax system, fully complies with the current norms of paragraph 8.1 of article 8, paragraph 9.1 of article 9 and paragraphs 10.1, 10.2 of article 10 of the Tax Code of Ukraine. It provides the opportunity to make additions to the relevant section of the Tax Code of Ukraine in case of the introduction of new national and/or local taxes and fees into the tax system of Ukraine.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83645102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE LAW OF UKRAINE «ON ADMINISTRATIVE PROCEDURE» AS AN INSTRUMENT FOR THE PROTECTION OF THE RIGHT OF HUMAN DIGNITY IN THE SPHERE OF PUBLIC ADMINISTRATION","authors":"M. Kravchenko","doi":"10.17721/2227-796x.2022.4.04","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.4.04","url":null,"abstract":"Purpose. The purpose of the article consists in revealing the significance of the Law of Ukraine“On Administrative Procedure” for the protection of the right to human dignity in the field ofpublic administration.Methodology. Research methodology consists of general and special methods of scientificknowledge, and in particular: comparative, systemic-structural, formal-logical methods:deduction, induction, analysis and synthesis. Their use made it possible to analyze the investigatedproblem in the unity of its legal form and social content, as well as systematically and consistentlyapproach the disclosure of the research tasks.Results. The first section of the article describes the normative regulation of the right to human dignityat the level of Ukrainian legislation, notes the special importance of the decisions of the ConstitutionalCourt of Ukraine in revealing the content and role of this fundamental human right in the human rightssystem, and also emphasizes the limitations of its understanding in Ukraine, which as a result leads toto the lack of protection of the right to human dignity during administrative procedures.The second section of the article is devoted to clarifying the essence of the requirement that thepublic administration, when carrying out an administrative procedure, always sees a person as asubject of law. This demand is based on the right of human dignity. It prohibits turning any personinto an object in state procedures, degrading his dignity to the status of a thing. The third section of the article is devoted to the study of the mechanisms of protection of the rightto human dignity, which are laid down in the Law of Ukraine “On Administrative Procedure”.It has been proven that this Law contains a number of provisions aimed at ensuring compliancewith the right to human dignity of a private person in the administrative procedure. In particular,it is about the right to be heard, the requirement for the timeliness of consideration of a privateperson’s case by the public administration, the requirement for proportionality, the requirementfor the openness of the administrative procedure and other ideas that ensure the service of thepublic administration to the person, his needs, rights and legitimate interests.Conclusions. In the conclusions to the article, it is stated that the Law of Ukraine “On AdministrativeProcedure” establishes a qualitatively new legal basis for administrative procedure, which isfocused on the needs of a private person. This novelty is reflected, first of all, in such principles ofadministrative procedure as: guaranteeing the right of a person to participate in administrativeproceedings; timeliness and reasonable term; impartiality (impartiality) of the administrativebody; good faith and prudence; proportionality; openness; presumption of legality of the person’sactions and demands, etc. This Law of Ukraine is focused on the protection of a private person inthe field of public administration, and first of","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"67 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73962415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SUBJECTS OF INITIATING THE ISSUE OF SECURING A CLAIM BY SUSPENSION OF AN INDIVIDUAL ACT OR NORMATIVE LEGAL ACT","authors":"V. Kuzmych","doi":"10.17721/2227-796x.2022.1.06","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.1.06","url":null,"abstract":"Purpose. The objective of the article is to identify problems related to the regulatory establishment of the subjects of initiating the issue of securing a claim by suspending the acts (individual acts or normative legal acts) of subjects of imperious plenary powers and suggest ways to solve them. Methods. A special formal-logical method has been applied in order to study the issue f compliance with the requirements of the principle of legal certainty in the normative consolidation of the subjects of initiating the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers. By means of such general theoretical methods as analysis, synthesis, generalization and modelling, legislative errors in establishing a range of the subjects of initiating the issue of securing a claim have been identified, and suggestions to correct them have been made. Results. The article analyses the provisions of the Code of Administrative Proceedings of Ukraine in terms of the subjects of initiating the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers. Based on the analysis of scientific approaches and case law, the issue of whether the administrative court and all the parties of court proceedings (the plaintiff, the defendant, the third parties and the individuals granted by law to appeal to the court in the interests of others) are actual right holders to initiate the issue of securing a claim by suspending the acts of the subjects of imperious plenary powers has been investigated. Conclusions. It has been proven that the legislator, contrary to the principle of legal certainty, does not provide for all the subjects of initiating the issue of securing an administrative claim. It has been noted that there is a collision between the provisions of part 1 and part 2 of art. 150 of the Code of Administrative Proceedings of Ukraine. This collision lies in the fact that part 1 of this article imperatively establishes that the subjects of initiating the issue of securing a claim are exclusively the parties of court proceedings and the administrative court, whereas part 2 also refers to the subjects of initiating the issue of securing a claim the individual who has not acquired the procedural status of a party of court proceedings (the plaintiff) yet, although may acquire it. It has been substantiated that the legislator, referring the defendant and the third parties who do not declare independent claims regarding the subject of the dispute on the part of the defendant as parties of court proceedings to the subjects of initiating the issue of securing an administrative claim, did not take into account the legal nature of this procedural institution. It has been substantiated that giving the administrative court the right to secure a claim on its own initiative corresponds to the specifics of administrative proceedings. It has been proposed to amend part 1 of art. 150 of the Code of Administrative Proc","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"112 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80648766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ADMINISTRATIVE CONTRACT IN THE PROCEDURE OF THE UNFORCED EXPROPRIATION: JUSTIFICATION AND ADVISABILITY OF THE IMPLEMENTATION","authors":"Anastasia Antonenkо","doi":"10.17721/2227-796x.2022.1.01","DOIUrl":"https://doi.org/10.17721/2227-796x.2022.1.01","url":null,"abstract":"Purpose. The purpose of the article is justification of the concept of the contract of redemption as an administrative contract and proving of the advisability of its implementation in Ukrainian procedure of the unforced expropriation. Methods. The research methodology consists of general and special methods of scientific cognition, including comparative and legal, systematic and structural methods, deduction, induction, analysis, synthesis, etc. Results. Main Features of administrative contracts, which are determined on the normative and scientific levels, are compared with features of the contract of redemption for public needs in the first part of the article. As a result the compliance of the contract of redemption with the requirements for administrative contracts is approved. Certain criteria according to which scholars and courts of European states classify the expropriation contract as administrative-legal are highlighted in the second part of the article. This allowed to further emphasizing the affiliation of the contract of redemption to administrative contracts. The place of the expropriation contract at the system of administrative contracts of certain European states is considered in the third part of the article. It is highlighted one of the features of the expropriation procedure, according to which expropriation contract radically is different from private law agreements and which related to the possibility of concluding a partial agreement. Conclusions. In the conclusions to the article it is summarized that the contract of redemption as an idea, a concept, which is enshrined in Part 3 of Art. 153 of the Civil Code of Ukraine and follows from the essence of the expropriation procedure, belongs to administrative contracts, which is confirmed by the analysis and full compliance of its features with the features of administrative contracts in domestic and foreign theory of administrative law, as well as analysis of regulations, judicial practice and legal doctrine of European countries, especially Germany, Switzerland and Liechtenstein.","PeriodicalId":7222,"journal":{"name":"Administrative law and process","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77545076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}