Вісник Харківського національного університету внутрішніх справ (Jun 2022)
The essence of case on the merits consideration stage in administrative proceedings
Abstract
Study of the administrative proceedings order of implementation as a whole involves the determination of the essence of individual stages of such proceedings. The stage of consideration of the case on the merits due to the specificity of the procedural actions involves a number of both procedural actions designed to ensure a full and impartial clarification of the truth in the dispute, as well as compliance with certain issues of the traditionality of the court session. In other words, consideration of the case on its merits is usually carried out within the framework of a court session, which is characterized as the procedural activity of almost all participants in the process, without exception, in one place. This allows for a more qualified (availability of experts and specialists) and objective (possibility to ask participants questions) assessment of the entire evidence base and to reach certain conclusions. The subject of the research is the norms of the current legislation and the scientific views of famous scientists regarding the meaning and content of such a stage as consideration of the case on its merits. During the research, using the methods of scientific analysis, explanation and generalization, an analysis of existing doctrinal developments and norms of current legislation, which determine the order and forms of administrative proceedings in relation to the judicial review of disputes, was carried out. The result of the study is the characterization of such a stage of administrative proceedings as consideration of the case on its merits, through the prism of understanding the tasks and goals of individual procedural actions. The definition of the essence of the case consideration is emphasized separately as a scientific term. The author's definition of the essence of the consideration of the case on the merits is formulated, that is a purposeful set of procedural actions aimed at clarifying all the necessary circumstances of the case, its resolution on the merits, i.e. (non)recognition of the actions or inactions of the parties to the case as illegal or untrue, with the aim of establishing the fairness of public legal relations in society and providing a real opportunity to the subjects of such relations to fully protect their own interests in court. The conclusions presented in the work can be used in the educational process of legal education students and during the development of new draft laws in the field of administrative legislation.
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