Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches

The author of the article attempts to determine, through the lens of doctrinal approaches, the peculiarities of interpreting evaluative concepts in administrative proceedings. It is emphasized that the relevance of this study is driven by the need for a deeper theoretical understanding of doctrinal approaches to the interpretation of evaluative concepts in administrative adjudication. A doctrinal analysis of concepts such as “justification,” “discretion,” “admissibility of evidence,” and “proportionality” is of significant importance for the formation of stable judicial practice and the enhancement of legal certainty. The study underscores that the significance of this research also lies in the fact that administrative courts exercise control over the activities of state authorities, ensuring adherence to the principles of legality and justice. Consequently, the proper understanding and consistent application of evaluative concepts will contribute to the effective protection of citizens’ rights, the transparency of judicial proceedings, and the strengthening of public trust in the judiciary. The analysis of doctrinal approaches in this context allows for an exploration of various methodological foundations used in the interpretation of such concepts and facilitates their systematization in both academic and judicial practice. It is highlighted that, while generally supporting the views of the scholars cited in the article regarding the issues of interpreting evaluative concepts in administrative proceedings and the solutions proposed by some of them, the author asserts that any normative standardization of the interpretation of evaluative concepts, the establishment of unified approaches to their application, and other similar measures will in no way contribute to resolving the problems associated with their proper and effective interpretation. It is emphasized that legislative regulation of such matters contradicts the legal nature of evaluative concepts, whose essence primarily lies in ensuring that, in any given dispute, the court exercising the discretionary powers granted through administrative discretion is able to facilitate not only the protection of individual rights and freedoms but also their effective realization.

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Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2025-03-01
DOI
https://doi.org/10.24144/2788-6018.2025.01.156
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
Field-Weighted Citation Impact
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article

Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches

O. V. Bilous
Analytical and Comparative Jurisprudence
Ukrainian Legal and Forensic Studies
article

Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches

O. V. Bilous
article en

Abstract

The author of the article attempts to determine, through the lens of doctrinal approaches, the peculiarities of interpreting evaluative concepts in administrative proceedings. It is emphasized that the relevance of this study is driven by the need for a deeper theoretical understanding of doctrinal approaches to the interpretation of evaluative concepts in administrative adjudication. A doctrinal analysis of concepts such as “justification,” “discretion,” “admissibility of evidence,” and “proportionality” is of significant importance for the formation of stable judicial practice and the enhancement of legal certainty. The study underscores that the significance of this research also lies in the fact that administrative courts exercise control over the activities of state authorities, ensuring adherence to the principles of legality and justice. Consequently, the proper understanding and consistent application of evaluative concepts will contribute to the effective protection of citizens’ rights, the transparency of judicial proceedings, and the strengthening of public trust in the judiciary. The analysis of doctrinal approaches in this context allows for an exploration of various methodological foundations used in the interpretation of such concepts and facilitates their systematization in both academic and judicial practice. It is highlighted that, while generally supporting the views of the scholars cited in the article regarding the issues of interpreting evaluative concepts in administrative proceedings and the solutions proposed by some of them, the author asserts that any normative standardization of the interpretation of evaluative concepts, the establishment of unified approaches to their application, and other similar measures will in no way contribute to resolving the problems associated with their proper and effective interpretation. It is emphasized that legislative regulation of such matters contradicts the legal nature of evaluative concepts, whose essence primarily lies in ensuring that, in any given dispute, the court exercising the discretionary powers granted through administrative discretion is able to facilitate not only the protection of individual rights and freedoms but also their effective realization.

Analytical and Comparative Jurisprudence(1)
Weatherford College (US)
Openalex Percentile: Top 96%
Ukrainian Legal and Forensic Studies
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