Administrative jurisdiction of executive bodies
Students Name: Slipetskyi Marko Ihorovych
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: part
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: ABSTRACT Slipetsky M.І., Ostapenko O.I. Administrative jurisdiction of Organ of Executive Power. Master’s thesis. – Lviv Polytechnic National University, Lviv, 2020. Defining the essence and characteristics of administrative-jurisdictional activity is an urgent problem since the beginning of the existence of administrative law and the first research on this issue. But today it is gaining new importance, especially in connection with the strengthening of society’s requirements for public administration, the effectiveness of human rights and freedoms in the field of administrative and jurisdictional activities. The work of domestic and foreign scientists is devoted to this problem of administrative jurisdiction, in particular: V.B. Averyanov, V.I Bordenyuk, N.T. Goncharuk, O.P. Demyanchuk, T.T. Kovalchuk, Т.О. Kolomoyets, VS Kuybidfy, В.М. Oluyk, M.V. Chechetov, V.О. Shamray, VM Shapoval, V.Ya. Shevchuk, other scientists. Scientists have made a significant contribution to the development of methodological foundations and the concept of the apparatus of research of the phenomenon of administrative-jurisdictional activity. However, in the process of studying their creative work there is a problem of the applied level, which at the time that the doctrine did not create a well-established definition of the essence of this legal phenomenon, and accordingly understands it differently. Each of the scholars offers different in scope (narrow, broad) concept of administrative jurisdiction. At the same time, the characteristics have not been generalized and no definition has been formed, which could become the basis for normative consolidation of the concept of administrative-jurisdictional activity. First of all, it is necessary to define the term "jurisdiction". This word (jurisdiction) is of Latin origin, created on two bases: jus - law and diso - say [1, 870] and means a set of established laws (in another normative act) the powers of the relevant state bodies to resolve legal disputes and cases of offenses, if assess the actions of an individual or other subject of law in terms of their legality, apply legal sanctions to offenders. As for the concept of "administrative jurisdiction", to restore it to the scientific ambiguity. The first scientific substantiation of the essence of administrative jurisdiction was provided by N. Salishcheva. In her opinion, administrative jurisdiction is a separate type of executive and distributive activity, which determines the possible implementation of the relevant administrative and legal acts that determine the rights and associations of members of substantive administrative relations. The peculiarities of this approach gave grounds for a narrow interpretation of the content of administrative jurisdiction. Example, MM Tyshchenko believes that administrative jurisdiction appears in the consideration of administrative disputes, reports administrative offenses in the established law of administrative procedure by specially authorized bodies (officials), which give the right to expand disputes and provide administrative penalties [2, 196] . Many scientific papers, which address issues of administrative jurisdiction, are based on the position that administrative jurisdiction is part of the executive and administrative activities - bylaws, law enforcement, law enforcement in nature. However, this activity is one of the types of jurisdiction that has all the hallmarks of such a method of law enforcement (the presence of an offense, dispute; adversarial proceedings; mandatory adoption of a jurisdictional act). This approach has been taken as a basis, and it is based on mostly all modern views on the types of administrative and jurisdictional activities, as well as types of administrative and jurisdictional proceedings. For example, D.M. Bahrah notes that the administrative-jurisdictional process is the activity of the subjects of state administration to resolve disputes, the application of measures of administrative and disciplinary coercion, which is performed in administrative-procedural form [3, 146-147]. Thus, in the modern science of administrative law, several points of view have been formed to determine the nature, content and scope of administrative jurisdiction. In most cases, administrative jurisdiction is defined by scholars as the activity of considering cases of administrative offenses and making appropriate decisions in the forms prescribed by law. Or - as regulated by law, the activities of the authorized body, official for the consideration of cases of administrative offenses and the application of measures of administrative liability - administrative penalties. Thus, a narrow understanding of the phenomenon under study reflects the appropriate approach. In contrast, there is a position based on a broad understanding of the essence of administrative jurisdiction, it covers issues that arise in a specific area of legal relations between the state and the citizen, especially in the exercise of state executive power. Thus, it is considered appropriate to formulate its own definition of administrative and jurisdictional activities. In our opinion, administrative-jurisdictional activity should be understood as the activity of authorized state bodies, local self-government bodies, their officials and officials regulated by law, aimed at conducting proceedings in cases of administrative offenses, execution of decisions on imposition of administrative penalties, and application of administrative measures. prevention and cessation of such offenses in order to protect the rights and freedoms of citizens, property, constitutional order of Ukraine, rights and legitimate interests of enterprises, institutions and organizations, law and order, strengthening the rule of law, crime prevention, educating citizens in the spirit of strict and strict observance of the Constitution and laws , respect for human rights, honor and dignity, for the rules of coexistence, conscientious performance of their duties, responsibility to society. 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