THEORETICAL AND PRACTICAL PROBLEMS OF DEFINING THE ESSENCE OF AN ADMINISTRATIVE CLAIM

Abstract

In practice, gaps in legal regulations are often eliminated with local solutions, without addressing the theoretical basis of these gaps, resulting in the definition of such regulations, which, despite providing a solution to practical problems in the short term, lead to greater practical gaps in the long term.

This article with the title "Theoretical and practical problems of defining the essence of an administrative claim" is dedicated to the study of such questions of practical importance that lead to the discovery of the essence of an administrative claim, in that context, defining all the elements of the essence of an administrative claim: the grounds, subject, object and content (pleading element) of the claim, and comparative to the analysis, to the extraction of the grounds, object and pleading element of each of the types of claims defined by the Code of Administrative Procedure of the RA, to reveal their nature, in the context of two types of claims known in jurisprudence: executive and cognitive claims.

The study of the mentioned questions was carried out not only in a scientific, but also in a practical context, highlighting the direct connection and influence of these questions on such procedural tools as arise as a result of the change of the grounds and subject of the claim or the possibility of examining the case in general in the administrative court.