法院案件地域管辖权(地点)的变更——确保行政司法可及性的工具

A. Paskar
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摘要

本文是对行政案件地域管辖(地)变更制度的研究。本专题的相关性是由于缺乏对行政司法理论的专门科学研究,专门研究适用域外管辖权的特点及其在确保进入行政司法程序方面的作用。本文的目的是调查与行政案件中改变领土管辖权(地点)的可能性有关的问题,确定应用这一工具的可能性和局限性,以确保个人获得行政司法。该研究以系统结构方法为基础,可以全面研究戒严行政案件中领土管辖权(地点)变更的程序和理由。同时也揭示了域外管辖原则与行政司法可及性原则之间的联系与互动。还应用了辩证法、形式法、分析法和综合法等方法。这篇科学文章通过改变法院案件的领土管辖权(地点)来研究确保行政司法可及性的问题。本文探讨了行政案件管辖权的概念和类型,重点探讨了行政诉讼中属地管辖权的法律性质。本文主要研究行政案件地域管辖(地)变更的可能性。确定了利用这一机制的利弊及其在确保在行政案件中诉诸司法方面的作用。在运用系统结构研究方法的基础上,对戒严行政案件属地管辖权变更的程序和理由进行了全面研究,揭示了治外法权管辖原则与行政司法可及性原则的联系与互动。分析了行政诉讼中专门规制程序秩序的法律行为的内容和变更案件地域管辖(地址)的特点。对行政法院审理的案件适用变更领土管辖权(地点)文书的做法进行了研究,以确保在紧急情况下获得行政司法。会议的结论是,对行政案件适用治外法权是确保获得行政司法的有效工具,是确保宪法规定的司法保护权和防止这种权利在紧急情况下受到限制的一种手段。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Change of the Court’s Case Territorial Jurisdiction (Venue) – a Tool for Ensuring the Accessibility of Administrative Justice
The article is devoted to the study of the institution of change of territorial jurisdiction (venue) in administrative cases. The relevance of the topic is determined by the absence of specialized scientific research in the theory of administrative justice, devoted to studying the peculiarities of applying extraterritorial jurisdiction and its role in ensuring access to the administrative judicial process. The purpose of the article is to investigate issues related to the possibility of changing territorial jurisdiction (venue) in administrative cases, to determine the possibilities and limitations of applying this tool in order to ensure the accessibility of administrative justice for individuals. The research is based on the systemic-structural method, which allows for a comprehensive study of the procedure and grounds for changing territorial jurisdiction (venue) in administrative cases under martial law. It also reveals the connection and interaction of the principle of extraterritorial jurisdiction with the principles of accessibility of administrative justice. The dialectical, formal-legal, analysis and synthesis methods, among others, were also applied.The scientific article examines the issue of ensuring the accessibility of administrative justice through the prism of changing the territorial jurisdiction (venue) of court cases. The author examines the concepts and types of jurisdiction of administrative cases with a focus on the legal nature of territorial jurisdiction (venue) in administrative proceedings. The article is devoted to the study of the possibility to change the territorial jurisdiction (venue) of administrative cases. The advantages and disadvantages of using this mechanism and its role in ensuring access to justice in administrative cases are determined. Based on the application of the system-structural method of research, a comprehensive study of the procedure and grounds for changing the territorial jurisdiction(venue) of administrative cases under martial law was carried out, the connection and interaction of the principle of extraterritorial jurisdiction with the principles of accessibility of administrative justice was revealed. The content of legal acts dedicated to the regulation of the procedural order and features of changing the territorial jurisdiction (venue) of cases in administrative proceedings was analyzed. The practice of applying the instrument of changing territorial jurisdiction (venue) in cases considered by administrative courts to ensure the accessibility of administrative justice during emergencies has been studied. It was concluded that the application of extraterritorial jurisdiction of administrative cases is an effective tool for ensuring the accessibility of administrative justice, a means of ensuring the constitutional right to judicial protection and preventing its restriction even in emergencies.
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