Predmet upravnog spora
Докторанд
Vukićević Petković, Milica L.Ментор
Dimitrijević, Predrag M.Чланови комисије
Milovanović, DobrosavVučetić, Dejan R.
Метаподаци
Приказ свих података о дисертацијиСажетак
The development of both conventional and written legal rules that were
governing the roots of the administration, has run in parallel with the
development of the country. The development of legal state was going parallel
with the development of constitutional state. The legal state can not be
imagined without pandering Administration under the law, but precisely
because of it stems judicial control of management, which is necessary for the
full realization of the principle of legality and the protection of rights and legal
interests of citizens. Administrative action presents a means to protect the rights
and interests of citizens, but on the other hand it is also an effective tool for
ensuring the legality of administrative operations. Pandering administration
under the law is linked to the French Revolution from 1789, in this respect,
France is a country that is the first to introduce an administrative dispute. The
development of an administrative dispute in France can be... followed through the
occurrence and development of the State Council, which was formed during
Napoleon time in 1799. The legal institutionalization of the administration is
not done in the same way everywhere, in that sense we distinguish two big
legal systems, Anglo-Saxon and European-continental. In Anglo- Saxon law
legal institutionalization of the administration included the procuring
administration under the legal norms of general law, management control
exercised by courts of general jurisdiction. In the European-continental law
legal institutionalization of the administration departs from pandering
Administration under the legal standards that belong to a specific branch of law
administrative law. In the European- continental system there is a difference
between private and public law, and an important part of the legal regime are
special administrative courts. The development of an administrative dispute
actually juridical control of administration in Serbia can be traced back to the
second half of the 19th century. Although Serbia has created very early the State Council following the example
of France, in a formal sense the administrative dispute in Serbia was fully
introduced by the Constitution from 1869. At our place administrative
activities are controlled by the courts, which are an integral part of the judiciary
and acting under special rules, rules of administrative law. Depending on the
positive law of certain countries, the subject of administrative dispute is defined
broadly or narrowly. According to French positive law the subject of
administrative dispute may be not only single authoritative legal acts of
administration, but also the general acts of administration - implementing
regulations issued by the administration, as well as administrative objections.
According to French positive law the subject of administrative dispute is
defined very broadly, unlike the German and Austrian positive law, where an
administrative dispute can not be conducted against all acts of general
administration. Regarding that in the comparative law we meet a number of
different solutions, we believe that in our country we should choose the one
that would be the best way to provide protection for the rights of citizens. We
lead the administrative dispute in the first place about the legality of final
administrative act against other individual legal acts because of the silence of
administration, and it may be decided on the request for the return of items and
damages. The results of scientific studies will confirm the importance of the
need that the subject of the administrative procedure should be complied with
the case of an administrative dispute. All acts adopted in the administrative
procedure should have directly open the way so the control of legality can be
accomplished in administrative proceedings in front of the competent
administrative court. What is certainly a major challenge is a control of the
legality of administrative contracts. Extended subject of administrative dispute
will strengthen the position of the parties in the administrative procedure, in
order to guarantee them the quality of court protection in front of the
Administrative Court.
Факултет:
Универзитет у Нишу, Правни факултетДатум одбране:
22-03-2017Кључне речи:
Kontrola uprave / Control administrations / pojam upravni spor / predmet upravnog spora / upravni akt / upravni ugovori / reforma uprave / the concept administrative dispute / the subject of an administrative dispute / administrative act / administrative objections / administrative reformRelated items
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