格鲁吉亚行政法的发展

Ketevan Tskhadadze
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摘要

目的。1999年,格鲁吉亚通过了《一般行政法》和《行政程序法》,为制定新的行政法奠定了基础,因为在上述两部法典生效之前,格鲁吉亚没有行政法的传统,因此也没有行政司法的实践。在格鲁吉亚作为苏联的一部分,以及在整个苏联,行政法并不存在于现代行政法所规定的理解中。共产主义的行政法学说与现代行政法有着根本的区别,因为当时的行政立法主要是在行政之前确定公民的义务,而不是保障公民的权利和保护公民的利益。因此,本文论述了行政法的发展阶段,行政法从制定到现在所走过的道路,并讨论了苏联的遗产及其对行政法发展的影响,以及欧洲接受和建立对格鲁吉亚立法的影响,分析了导致新行政法产生的必要性的核心因素。文章的重要部分以格鲁吉亚行政法为例,对行政法主体和行政法制度进行了探讨。讨论了实施公共行政的核心要素、行政机构的概念、行政机构的活动形式以及格鲁吉亚行政法所特有的基本原则。在这方面,重点讨论了格鲁吉亚行政诉讼和司法程序的特殊性,即行政机构内所谓的“偏见”上诉规则、行政上诉的中止效力、行政程序中的处理和调查原则以及法庭之友制度,作为格鲁吉亚行政司法的特殊性。
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DEVELOPMENT OF THE ADMINISTRATIVE LAW IN GEORGIA
Purpose. In 1999 the adoption of the General Administrative Code and Administrative Procedure Code in Georgia gave basis for creation of the new administrative law, since before the entry into force of the above-mentioned codes, Georgia had no tradition of the administrative law and, hence, no practice of the administrative justice. In Georgia being part of the Soviet Union, and in the Soviet Union overall, the administrative law did not exist with the understanding that is regulated by the modern administrative law. The communist doctrine of the administrative law radically differs from the modern administrative law because in those times the administrative legislation was mainly defining the citizens’ obligations before the administration, rather than ensuring citizens’ rights and protection of their interests. Methods. Therefore, the article discusses development stages of the administrative law, the path gone through by the administrative law starting from the formulation until present time, also the Soviet heritage and its influence on the development of the administrative law is discussed, along with the influence of the European reception and establishment within the Georgian legislation, the core factors are analyzed, which caused the necessity of the creation of new administrative law. Results. The significant part in the article is devoted to the discussion of the subject of administrative law and system of administrative law on the example of the Georgian administrative law. The core elements of the implementation of public administration are discussed, the notion of the administrative body, forms of activity of the administrative body and basic principles that are characteristic to the Georgian administrative law. Conclusions. In this regard, the important place is given to particularities of the administrative proceeding and judicial process in Georgia, namely, so called “prejudicial” rule of appealing within the administrative body, suspensive effect of the administrative appeal, principles of disposition and inquisition in the administrative process, as well as the institute of the amicus curiae is discussed, as a particularity of the Georgian administrative justice.
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