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The Concept and the Content of the Administrative and Legal Institution of Pre-Trial Appeal in Ukraine
[Поняття Та Зміст Адміністративно-Правового Інституту Досудового Оскарження В Україні]

Author

Listed:
  • Mariana Khmyz

    (Lviv University of Business and Law)

  • Myroslav Kovaliv

    (Lviv State University of Internal Affairs)

  • Serhii Yesimov

    (Lviv State University of Internal Affairs)

  • Danylo Yosyfovych

    (Lviv State University of Internal Affairs)

Abstract

The article studies the concept and the content of the administrative-legal institute of pre-trial appeal based on the system analysis methodology. Based on the current Ukrainian legislation, the advantages and disadvantages of administrative appeal in Ukraine are analysed. The administrative appeal is considered a complicated, complex legal institution, which includes procedural and processual norms. The essential features of the relationship, arising in connection with the pre-trial appeal include: actual or alleged violation of the rights, freedoms and legitimate interests of a person who is not endowed with authority in the field of public administration; particular subjective composition of relations in the field of pre-trial appeal; administrative-legal dispute - resolved by an entity, endowed with jurisdictional powers, which does not belong to the judiciary, directly or indirectly (regarding the legal status or specifics of the activity) related to the administration; a particular remedy - a complaint differs from the administrative claim by the scope of provided guarantees. At the same time, the administrative-legal institute of pre-trial appeal is defined as a system of norms that regulate the procedure of receiving, registering, reviewing complaints, and making decisions on complaints by organisations not related to the judicial system.

Suggested Citation

  • Mariana Khmyz & Myroslav Kovaliv & Serhii Yesimov & Danylo Yosyfovych, 2021. "The Concept and the Content of the Administrative and Legal Institution of Pre-Trial Appeal in Ukraine [Поняття Та Зміст Адміністративно-Правового Інституту Досудового Оскарження В Україні]," Traektoriâ Nauki = Path of Science, Altezoro, s.r.o. & Dialog, vol. 7(09), pages 3011-3017, September.
  • Handle: RePEc:pos:journl:74-5
    DOI: 10.22178/pos.74-5
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