Співвідношення понять «посадова особа» та «службова особа» в контексті Кодексу адміністративного судочинства України

Abstract

Implementation of administrative justice in Ukraine and adoption of the Code of Administrative Procedure of Ukraine is an important step towards protecting the rights, freedoms and interests of individuals and legal entities. However, long-term practice of the Code of Administrative Procedure of Ukraine has shown a lot of its shortcomings, the removal of which will facilitate clear understanding and application of the rules of the Code of Administrative Procedure of Ukraine. Among such problems that require solution is the definition of "subject authority". Therefore, the purpose of the research is the definition of "subject authority" by finding out the ratio of the terms "public person" and "official person". Analysis of legislation and judicial practice has shown that national legislation , using both of these terms has a common approach in determining their value, which affects the practical application of the Code of Administrative Procedure of Ukraine. As seen in national law appropriate to use the term "public person" with the definition contained in the Criminal Code of Ukraine. An all legal acts the term "official person" shall be replaced by the term "public person".