
Cassation filters in administrative judicial procedure: a step in a chasm or a novel that ukrainian society expected?
Author(s) -
Oleksii Drozd,
Yuliia Dorokhina,
Yu. О. Leheza,
Mykhailo Smokovych,
Nataliia Zadyraka
Publication year - 2021
Publication title -
revista amazonía investiga
Language(s) - English
Resource type - Journals
ISSN - 2322-6307
DOI - 10.34069/ai/2021.40.04.22
Subject(s) - appeal , ukrainian , normative , dialectic , political science , law , originality , subject (documents) , computer science , philosophy , epistemology , library science , linguistics , creativity
The purpose of the article is to characterize the grounds for the use of "cassation administrative filters" as part of the mechanism for exercising the right of an individual to cassation appeal against a court decision in a public law dispute. The subject of research is the peculiarities of cassation review of decisions in administrative proceedings. Methodology: The methodological basis for the article are general and special methods of legal science, in particular: the method of dialectical analysis, the method of prognostic modeling, formal and logical, normative and dogmatic, sociological methods. The results of the study: The current regulations on the right of an individual to cassation appeal against court decisions in administrative proceedings by characterizing the existing procedural filters are analyzed. Practical implication: Based on the study of the case law, the types of administrative cassation filters applied by the courts when reviewing the decisions are identified. Value / originality: It is proved that achieving the effectiveness of the application of cassation administrative filters requires a high level of professionalism, which ensures the proper implementation of the individual’s right to file a cassation appeal, and developing the unified approach to the use of assessment categories.