Адміністративне правo і процес
ISSN: 2227-796X

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка

The article deals with sources of administrative law in case law of Ukraine. The subject of the article is a case-law in Ukraine in the branch of administrative law. Logical methods such as analysis, synthesis, induction and deduction were used in the article. Comparative method allowed to analyze difference between common law and civil law legal systems. It is investigated in the article that not only legal acts, which contain administrative norms should be included to the system of sources of administrative law in Ukraine, but also some acts of judiciary which may influence on validity of administrative legal provisions. The author highlights in the article that legal doctrine, soft law, individual acts cannot be regarded as sources of administrative law as they do not possess norms of administrative law and cannot influence on them and thus cannot be regarded as obligatory sources. Some examples from case law of Ukraine are provided concerning problems of application of sources of administrative law. The author made a conclusion that judges in their decisions apply not only sources of law but also other sources, which have additional and informative meaning. These sources cannot be regarded as obligatory for a court or parties of the case. It is proposed in the article that judges shall to point out these sources and explain their non-obligatory role in every decision they make.

Article investigates the administrative procedural relations which exist in sphere of action of administrative courts. The place of these establishes the relations in administrative law of Ukraine. For this purpose author investigates the legal nature of norms of administrative legal proceedings; analyzes the legislation on administrative courts; considers practice of work of administrative courts; studies history of administrative judicial system; analyzes scientific research in the sphere administrative law, administrative process, functioning of judicial system; studies drafts of normative documents in the sphere of administrative legal proceedings. As a result of the research author proposed definition of the administrative process.

Ponkin I. V., Ponkina H. I. Public fi nancial support of professional sport: pro et contra 

    The article investigates legal possibilities, conditions and limits of public fi nancial support of professional sport. This article describes the arguments against public fi nancial support of professional sport and the arguments for public fi nancial support of professional sport.

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