The purpose of the article is an attempt to consider guarantees of the legality of public administration through rethinking the existing system of appeal, taking into account the novelties of domestic science and practice, and the preconditions for the formation of administrative procedural law, in which the central place belongs to the category of “dispute in public relations”. The analysis of subsystems of dispute resolution through administrative proceedings and pre-trial appeals from the standpoint of efficiency and the dialectical connection is carried out. It is stated that to ensure the effectiveness of the generally accepted system of dispute resolution as a guarantee of legality, the activities of public administration entities today are the priority of absolutely all legal countries. Significant obstacles on gradual and systematic activities such as those caused by an acute exacerbation of social tension in society, external aggression, especially the development of legal doctrine and legislation that includes an ambiguous position. Today, most scholars agree that the issues of guarantees of the legality of public administration are directly related to the ability to present a model for appealing decisions, actions, inactions and determine its levels. Scientific support of the processes of formation of a legal and socially-oriented state is closely connected with the need to strengthen the methodological armament of legal science, its departure from outdated scientific dogmas, and the search for forms of manifestation and enforcement. The solution of the goal set in the publication is achieved using the cognitive potential of the system of philosophical, general scientific, and special methods. Analysis and synthesis allowed to determine the features of the concepts of “appeal” and “dispute” within the administrative appeal. Methods of review of grammar and interpretation of the law helped identify gaps and other shortcomings of legislation problems introducing mediation in the judicial administrative process as of alternative that will act as a separate stage of proceedings litigation, making suggestions for improvement. Practical implications. The formulated proposals for the development of legal support for appealing decisions, actions, the inaction of public administration, along with the functioning of administrative proceedings as a procedural form of administrative justice, acts as a guarantor of public administration in the relationship between citizen and state and is an integral part of this model.
How to Cite
guarantees of legality, public administration, the dispute in the field of public law relations, appeals, administrative proceedings, administrative process, mediation
Halunko, V. (2020). Velyka Ukrainska yurydychna entsyklopediia u 20 tomakh (termin “publichna administratsiia”) [Large Ukrainian legal encyclopedia in 20 volumes (term “public administration”]. Volume. 5. Administrative Law, Publishing House Law. (in Ukrainian)
Konstantyi, O. V. (2015). Problemy zakhystu v administratyvnomu sudochynstvi subiektyvnykh prav, svobod ta zakonnykh interesiv [Problems of protection in administrative proceedings of subjective rights, freedoms and legitimate interests]. Monograph. Kyiv: Istina. (in Ukrainian)
Konstytutsiia Ukrainy [Constitution of Ukraine] (1996). Details of the Verkhovna Rada of Ukraine, № 30, Art. 141. Available at: https://zakon.rada.gov.ua/laws/show/254к/96-вр#Text
Loshytskyi, M. V. (2015). Administratyvne oskarzhennia yak sposib zakhystu prav hromadian u diialnosti orhaniv publichnoi administratsii [Administrative appeal as a way to protect the rights of citizens in the activities of public administration]. Scientific Bulletin of Uzhhorod National University. Series “Law”, vol. 31, no. 2, pp. 146–150.
Luchenko, D. V. (2017). Instytut oskarzhennia v administratyvnomu pravi [Institute of appeal in administrative law]. The dissertation of Doctor of Juridical Sciences: 12.00.07. Yaroslav Mudryi National Law University. Kharkiv. (in Ukrainian)
Luchenko, D. V. (2012). Pro teoretychni ta praktychni problemy rozvytku instytutu oskarzhennia v administratyvnomu pravi [On theoretical and practical problems of development of the institute of appeal in administrative law]. State building and self-government, vol. 23, pp. 238–250.
Podatkovyi kodeks Ukrainy [Tax Code of Ukraine]. Verkhovna Rada of Ukraine. Available at: https://zakon.rada.gov.ua/laws/show/2755-17
Pro mediatsiiu [About mediation: Draft of Law of Ukraine]. Available at: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=68877
Shemshuchenko, Yu. S. (2012). Velykyi entsyklopedychnyi yurydychnyi slovnyk [Large encyclopedic legal dictionary] / ed. acad. NAP of Ukraine. 2 ed., reworked. and expanded. Kyiv: Yurydychna Dumka Publishing House. (in Ukrainian)
Kodeks administratyvnoho sudochynstva Ukrayiny (2005) [Code of Administrative Procedure of Ukraine]. Information Supreme the Verkhovna Rada of Ukraine, number 35–36, number 37, p. 446. Available at: https://zakon.rada.gov.ua/laws/show/2747-15#Text
Zaichuk, O. V., Kopylenko, O. L., Kovalskyi, V. S and others (2013). Suchasna pravova entsyklopediia [Modern legal encyclopedia]. Institute of Legislation of the Verkhovna Rada of Ukraine. 2-nd ed., Kyiv: Jurinkom Inter. (in Ukrainian)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.