The Factors Determining the Features of the Administrative Procedure
DOI:
https://doi.org/10.46991/BYSU:C/2023.14.2.069Keywords:
administrative proceedings, human rights, state authority, public relations, right to be heard, administrative act, administrative bodiesAbstract
In the article, the author focuses on the factors determining the features of the administrative proceedings. The author concluded that without the development and definition of state management procedures, without the formation of a modern legal institution of administrative proceedings, it is not possible to have effective management, including limiting the number of illegal acts adopted by entities holding public authority in the field of management, as well as guarantee the effective implementation and protection of human and citizen rights. The author emphasizes that the separation of certain features for the purpose of classification of administrative proceedings and their coordination is primarily intended to facilitate the analysis of a separate type of administrative proceedings and the extraction of its substantive characteristics, thus also evaluating the justification of the initiative of the Legislator to define administrative proceedings as a separate type in some areas of relationship regulation.
References
Տե՛ս Administrative procedures: monograph / ed. L.L. Popov, S.M. Zubarev. – M.: Norma: INFRA-M, 2018
Deirdre Curtin, Herwig C. H. Hofmann, Joana Mendes, “Constitutionalising EU Executive Rule-Making Procedures: A Research Agenda”, European Law Journal, Vol. 19, Issue 1, 2013
Article 19. Administrative proceedings is the activity of administrative body directed at the adoption of an administrative act
Article 2, part 3: Peculiarities of certain types of administrative proceedings are laid down by laws and international treaties of the Republic of Armenia
Administrative proceedings and litigation. Educational manual / G. Danielyan. - Yer.: "YSU" ed., 2022
Fox, William F. Understanding Administrative Law/William F. Fox, Jr.—4th ed. p. cm.— (Legal text series)
Administrative proceedings and litigation. Educational manual / G. Danielyan. - Yer.: "YSU" ed., 2022
Administrative proceedings and litigation. Educational manual / G. Danielyan. - Yer.: "YSU" ed., 2022
Article 30, part 1: Grounds for initiating administrative proceedings are: (a) the application or complaint of a person; (b) initiative of the administrative body
Article 30, part 2: In cases provided for in point (a) of part 1 of this Article, administrative proceedings shall be considered initiated from the date when administrative body received the application or complaint, except for the cases when application or complaint was readdressed to the competent administrative body or was returned to the applicant (complainant) pursuant to Article 33 of this Law
Article 11: In excercising its powers the administrative body shall act in such a manner as to, without undermining the performance of its powers, ensure the most effective utilisation of means submitted to its disposal, in shortest possible term and for assuring the most faviourable results
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