Administracinės jurisdikcinės veiklos teisėtumo kontrolės probleminiai klausimai

Direct Link:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Lietuvių kalba / Lithuanian
Administracinės jurisdikcinės veiklos teisėtumo kontrolės probleminiai klausimai
Alternative Title:
Issues of control of legitimacy of administrative juridical activity
In the Journal:
Administracinė jurisdikcija; Apeliacijos teisė administraciniame procese; Jurisdikcinė kontrolė; Skundas administracinio teisės pažeidimo byloje; Teismas.
Administrative jurisdiction; Appeal in administrative offence case; Court; Jurisdiction control; The right to appeal in administrative process.
Summary / Abstract:

ENArticle deals with the problem concerning the rights of an administrative arraigned person to appeal the decree in the context of present discussion on the improvement of existing juridical activity control trying to ground the necessity of the investigation of complaints dealing with cases of administrative offence transfer to courts of general competence. While analyzing pros and cons the logical assumption that presents model of jurisdiction control with the principle of non reformatio in peius is made. Such principle corresponds to the requirements of human’s rights security more than the proposed one. Law deeds determining administrative amenability as certain and accept the legitimacy and validity of an arraigned person to litigate in court. However, the problem appears debating about the attribution of control to courts – either to general competence or specialized – in jurisdiction of quasi-judicial activities. As it is known, the system of administrative courts has been functioning in Lithuania since 1999. Administrative courts deal with complaints in cases of administrative offence as well as economical sanctions.Looking forward to statistical data, it is clear that the majority of cases are these of administrative sanctions. However, various points of view can be found in legal references. There are opinions that the control of administrative sanctions has to be assigned to courts of general competence. This proposal is justified by the congeniality of legal regulation administrative amenability with criminal liability. On the other hand, lots of illustrations how the control of legal regulations is consigned to administrative courts can be found in other democratic states. It is supposed, that the peculiarities of administrative legal regulations are known better to administrative courts than to courts of general competence. Consequently,the investigation of administrative sanctions must be left to the competence of administrative courts. [From the publication]

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2018-12-17 12:51:23
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