Right of Person for the Appeal of Administrative Jurisdictional Process: Updated Look at the Concept and Characteristics of the Institute of Appeal

• NCJ Number: 237747
• Journal: Internal Security Volume: 2 Issue: 1 Dated: 2010 Pages: 97-104
• Author(s): Pavlo Lyutikov
• Date Published: 2010
• Length: 8 pages
• Publication Format: Article
• Publication Type: Research (Applied/Empirical)
• Language: English
• Country: Poland

Annotation

The paper is devoted to the exploring of the institute of appeal in the administrative and jurisdictional process, the definition and characteristic features of appeal in the administrative and jurisdictional process, as well as the ratio of appeal with the related legal concepts.

Abstract

The dynamic development of the legal system of Ukraine and the ongoing process of reform and transformation of a wide range of social relations make state institutions and public organizations look for new effective models of managing various spheres of social life, as well as for mechanisms of the protection of human and citizens' rights and freedoms. Since the proclamation of the independence of the Ukrainian State, the Verkhovna Rada (Parliament) of Ukraine, when drawing up the legal framework, has been following the "man-oriented" concept aimed at ensuring and fulfilling a whole number of rights of natural and legal persons. The Constitution of Ukraine has undeniably been the crowning achievement of the legislative process. In the context of the discussed problems it is worth mentioning that under art. 55 of the Constitution of Ukraine everybody has the right to appeal against a decision, action or lack of action of state or local government and of a public servant. The said regulation ensures the rights and legal interests of citizens in the sphere of public relations. The challenge may take the form of an appeal against a decision by court of first instance, a cassation appeal, an administrative plaint or action against action or lack of action of a public agency or public servant, an appeal to the commission on labor disputes against a disciplinary penalty, and the like. One of the independent institutions, conditioned by the stage of appeal proceedings, is the institution of appeal in the administrative and jurisdictional procedure, which holds a special place in the system of protection of rights and freedoms of citizens and legal persons. In spite of the relevance of research on the subject matter, it is beyond the interest of the administrative and legal science. (Published Abstract)