乌克兰实施行政司法程序电子化:先决条件、实质与建立阶段

K.V. Piatyhora
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引用次数: 0

摘要

本文旨在揭示“电子法院”概念的本质和内容,确定乌克兰电子行政诉讼形成的前提条件,分析乌克兰行政诉讼中“电子法院”形成和发展的主要阶段。研究方法论是由一套一般科学的和特殊的认知方法构成的。由于科学文章主题的特殊性,这些方法的使用大多是复杂的。特别是在研究分类机构,即界定“电子法院”和“电子行政诉讼”的概念时,采用了系统的方法。形式法的方法也被用来澄清法律概念的内容。笔者运用辩证认识的方法,对乌克兰电子行政诉讼的发展阶段进行了研究和梳理。作者提出的分期是基于大量规范乌克兰电子司法运作的规范性材料。通过综合和概括的方法,确定了行政过程中参与者可以使用的电子司法的主要可能性。研究的结果是在分析科学观点和乌克兰现行立法的基础上,对“电子法院”的概念进行界定和澄清。“电子法庭”的概念有广义和狭义之分。对乌克兰出现电子行政诉讼的先决条件进行了研究,并确定司法系统的信息化导致形成了一种新的司法管理方式- -电子,即在信息和电信技术的基础上。强调了乌克兰电子行政诉讼发展的主要阶段和特点,并强调了乌克兰电子法院项目的成功实施。在对乌克兰现行立法进行分析的基础上,确定了“电子法院”功能的特点,并挑出了“电子法院”的新可能性,这些可能性是在行政案件期间给予行政程序的参与者的。结论是,在乌克兰司法制度目前的发展阶段,电子行政诉讼只是处于形成阶段,需要付出大量努力才能充分有效地发挥作用。重点是我国司法系统在执行这一项目方面取得的成功。因此,进一步研究和实施这一项目是提高乌克兰司法效率的主要途径之一。
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IMPLEMENTATION OF ELECTRONIC ADMINISTRATIVE JUDICIAL PROCEDURE IN UKRAINE: PREREQUISITES, ESSENCE AND STAGES OF ESTABLISHMENT
The purpose of this article is to reveal the essence and content of the concept of “electronic court”, to determine the preconditions for the formation of electronic administrative proceedings in Ukraine, to analyze the main stages of formation and development of “electronic court” in administrative proceedings of Ukraine. The research methodology was formed by a set of general scientific and special methods of cognition. The use of these methods was mostly complex, due to the specifics of the topic of the scientific article. In particular, the systematic method is used in the study of the categorical apparatus, namely in defining the concepts of “electronic court” and “electronic administrative proceedings”. The formal-legal method is also used to clarify the content of legal concepts. The author uses the dialectical method of cognition during the research and systematization of the stages of development of electronic administrative proceedings in Ukraine. The periodization proposed by the author is based on a significant amount of normative material that regulates the functioning of e-justice in Ukraine. Thanks to the methods of synthesis and generalization, the main possibilities of e-justice, which can be used by a participant in the administrative process, have been identified. The results of the study are to define and clarify the concept of “electronic court” based on the analysis of scientific views and current legislation of Ukraine. The concept of “electronic court” in the broad and narrow sense. The preconditions for the emergence of electronic administrative proceedings in Ukraine have been studied and it has been established that the informatization of the judicial system has led to the formation of a new way of administering justice – electronic, ie on the basis of information and telecommunications technologies. The main stages of development of electronic administrative proceedings in Ukraine are highlighted and characterized, and the successful implementation of the e-court project in Ukraine is emphasized. On the basis of the analysis of the current legislation of Ukraine the peculiarities of the functioning of the “electronic court” are determined and the new possibilities of the “electronic court” are singled out, which are given to the participants of the administrative process during their administrative cases. It is concluded that at the present stage of development of the judicial system of Ukraine, electronic administrative proceedings are only at the stage of their formation and require a lot of effort for their full and effective functioning. Emphasis is placed on the success that our judicial system has achieved in implementing this project. Therefore, further research and implementation of this project is one of the main ways to improve the efficiency of justice in Ukraine.
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SOME ISSUES OF INSTANCE JURISDICTION OF ADMINISTRATIVE COURTS REGULATORY FRAMEWORK FOR THE FUNCTIONING OF ADMINISTRATIVE COURTS UNDER MARITAL LAW THE LEGAL ESSENCE OF THE ELECTRONIC EVIDENCE IN THE ADMINISTRATIVE PROCEDURE: A BRIEF COMPARATIVE HISTORICAL AND LEGAL ANALYSIS PECULIARITIES OF DETERMINING THE LEGAL STATUS OF THE NATIONAL SECURITY AND DEFENSE COUNCIL OF UKRAINE AS A SUBJECT OF PUBLIC ADMINISTRATION THE LAW ON FOOD SECURITY OF UKRAINE AS A LEGAL BASIS OF PUBLIC ADMINISTRATION IN THE FIELD OF ENSURING FOOD SECURITY
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