Social and Legal Studios

Abstract

The article deals with theoretical issues of administrative proceedings as a legal institution of administrative law. It is substantiated that administrative procedural law is a sub-branch of administrative law on the basis of conformity of legal norms that regulate modern administrative proceedings, which are characterized in legal science by the criteria of differentiation, concretization and integration of legal regulation. Justice exercised by courts in the order of administrative proceedings has an administrative-legal and civil procedural nature, which is conditioned by the unity of the purposes of civil and administrative proceedings, the similarity of the procedural form, the presence of inter-branch institutions of civil procedural, economic procedural and administrative procedural law. Law of administrative proceedings is defined as a set of legal rules established by the Code of Administrative Proceedings of Ukraine that regulate the activities of the administrative court and participants of the administrative judicial process related to the consideration and resolution of cases of administrative jurisdiction in the field of public relations. There are sufficient arguments to support the administrative concept of the place of the rules governing administrative proceedings. At the present stage of legal regulation, it is necessary to consider some characteristic differences between administrative law and the rules governing administrative proceedings. For example, administrative proceedings are governed by a principle of dispositiveness that is not inherent in administrative law. The similarity of the procedural form of civil and administrative courts, which is manifested in the presence of inter-branch institutions, does not serve referring administrative proceedings to the institutions of administrative law and administrative procedural law. Regarding the study of legal presumptions, attention is paid to the value of the administrative concept that proves the real impact of the specificity of substantive law on the procedural form of administrative cases examined by courts. This, in particular, is manifested in a procedure concerning distribution of duties of proof that differs from civil litigation

Keywords: administrative proceedings, administrative procedure, public law disputes, administrative justice, administrative jurisdiction

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