Адміністративне правo і процес
ISSN: 2227-796X (Print), ISSN: 2617-8354 (Online)

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

 

 

Zurkan M. І. Proceeding in administrative cases regarding public service

We have analyzed the legal relations, arising from public service disputes. The characteristics was given to the types of public service, we have specifi ed the differences between them as well. We have identifi ed the features of public service: professional activities of the citizens of Ukraine; realized on the basis of the Constitution, law and other normative and legal acts; according to its content, it involves realization of the tasks and functions of the state, bodies of state power or local administration institutions, payment is done using the state funds or the funds of local budgets.

We have given the characteristics to the parties of the disputes regarding public service; explained who among the participants of legal relations can possess legal personality of the plaintiff and defendant. The plaintiffs in the disputes regarding public service are: a) persons which pretended to occupy the public post; b) public offi cials; c) persons displaced from public service. The cases regarding public service can have as a plaintiff the physical person – citizen of Ukraine, in other words, the public serviceman as only the citizens of Ukraine have right for public service. The physical person – plaintiff can also not have the status of serviceman if it is

about the candidate for the relevant post. The defendants in the cases subject of consideration are state institution or local authorities: a) for occupation of the post, on which the person pretended; b) with whom the person has the relations of public service; c) from which the person is displaces; d) which legal act is a conditions for accepting the person for the post or displacing him or her from it.

It has been proved that the important role in the proceeding regarding consideration of the dispute regarding public service is played by the third parties which act in the administrative case already brought to the court between the parties for defence of personal rights, liberties and interests of physical persons, rights and interest of legal entities in the sphere of public legal relations.

Regarding the rules of subject-matter jurisdiction, the suits of public servants are considered by: local general courts as administrative courts when the defendant is a body or offi cial of the local authorities; district administrative courts when the defendant is state body, power body of ARC, regional councils, Kyiv and Sevastopol municipal councils, their offi cials; by the Higher administrative court of Ukraine as a court of fi rst instance in cases regarding suits of public offi cial concerning appeal against acts, actions or inactions of the Verhovna Rada of Ukraine, President of Ukraine, High council of justice, High qualifi cation commission of judges of Ukraine and under the suits of the Head of the Verhovna Rada of Ukraine, his deputies regarding long-term suspension of the powers of people’s deputy of Ukraine in case of non-performance of the demands on incompatibility.

The application of the terms of application to the court in the cases regarding public service is well grounded. Regarding the fi rst part of the article 99 of the Code of Administrative legal proceeding of Ukraine, the administrative suit can be presented within the term of application to the administrative court determined by this Code or other laws. The general term of application to the court is a six-month term which shall be calculated from the day when a person got to know or had to get to know about violation of his/her rights, liberties or interests (part 2 article 99 of CAP of Ukraine).

 

The consideration of the disputes which arise from the relations of public service, shows a huge number of gaps and non-coordination in the legislation regarding public service as well as in the administrative legal proceeding itself. For this reason before legal elimination of the defi ciencies, the legal practice permits to decrease the cases of false application of the norms of material and procedural law, prevents occurrence of legal collisions in this area, provides the unity of law application which increases the effi ciency and effi cacy of public service as well as administrative legal proceeding.

Ви тут: Home Архів номерів #3(13)/2015 Показати матеріали по тегу: public and legal disputes