The Role of the Administrative Action Types in the Context of Exercising the Right to a Court

The article tries to bring to the light the specifics of exercising the right to apply to the court within the frameworks of the action types in administrative proceedings in general, deeply analyzing Armenian practice within the framework of international best practice. Defining the types of action in administrative proceedings as a procedural mode of case investigation is important for the proper investigation of the claim, but it cannot predetermine whether the claim is subject to examination in the court or not. In the light of the above, the subject of this study is the essence of the administrative action, the purpose of defining the action types, their influence on the investigation of the case, both in practice and in the theoretical literature, within the framework of the principle of finding out the factual circumstances of the case ex officio specific to administrative proceedings, the powers of the court when filing an inappropriate type of action and its consequences on the investigation of the case. The administrative procedural process starts upon submitting an administrative action, but the nature of the administrative action is manifested with some features, due to the legal mechanisms of exercising the right to apply to the administrative court and various judicial-scientific interpretations.

Authors

Publication Details

Journal
Studia Politologiczne
Published
2024-09-30
DOI
https://doi.org/10.33896/spolit.2024.73.19
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

The Role of the Administrative Action Types in the Context of Exercising the Right to a Court

Gohar Avagyan
Studia Politologiczne
European and International Law Studies
article

The Role of the Administrative Action Types in the Context of Exercising the Right to a Court

Gohar Avagyan
article en

Abstract

The article tries to bring to the light the specifics of exercising the right to apply to the court within the frameworks of the action types in administrative proceedings in general, deeply analyzing Armenian practice within the framework of international best practice. Defining the types of action in administrative proceedings as a procedural mode of case investigation is important for the proper investigation of the claim, but it cannot predetermine whether the claim is subject to examination in the court or not. In the light of the above, the subject of this study is the essence of the administrative action, the purpose of defining the action types, their influence on the investigation of the case, both in practice and in the theoretical literature, within the framework of the principle of finding out the factual circumstances of the case ex officio specific to administrative proceedings, the powers of the court when filing an inappropriate type of action and its consequences on the investigation of the case. The administrative procedural process starts upon submitting an administrative action, but the nature of the administrative action is manifested with some features, due to the legal mechanisms of exercising the right to apply to the administrative court and various judicial-scientific interpretations.

Studia Politologiczne(3/2024 (73))
Openalex Percentile: Top 70%
European and International Law Studies
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The Role of the Administrative Action Types in the Context of Exercising the Right to a Court — Gohar Avagyan · Studia Politologiczne (2024) | TGRS Research Map | TGRS