THE CONCEPT AND THEORETICAL FOUNDATIONS OF ADMINISTRATIVE DISPUTES
https://doi.org/10.59982/18294359-26.1-bs-15
Abstract
The article studies the concept of an administrative-legal dispute with the aim of revealing its place and significance in the system of administrative law. Particular attention is paid to the formation of the concept of an administrative-legal dispute in the legal system of the Republic of Armenia, based on a comparative study of relevant constitutional provisions, administrative legislation, and judicial practice. Throughout the study, the theoretical foundations of administrative disputes, the conditions surrounding their origin, and the specific characteristics of their legal nature are examined.
Based on the analysis of the legal positions of the Court of Cassation of the Republic of Armenia, the structural elements of a public legal relations—namely the subject, content, and object—are revealed, and their significance for the definition of an administrative-legal dispute is substantiated. This approach makes it possible to clearly distinguish an administrative-legal dispute from disputes arising from other legal relationships by revealing its characteristic features and clarifying its legal nature.
As a result of the research, a definition of an administrative-legal dispute is proposed, based on a combined assessment of the structural elements of a public legal relations. It becomes evident that an administrative-legal dispute is formed in the process of the exercise of public authority and is conditioned by legal disagreement arising in relation to decisions adopted, actions performed, or omissions manifested within the framework of administrative activity, thereby emphasizing its practical significance.
Keywords: Administrative dispute, public legal relations, administrative justice, public interest, administrative procedure, judicial practice.
PAGES : 185-191