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...
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| Format: | Article |
| Language: | English |
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Uzhhorod National University
2025-03-01
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| Series: | Аналітично-порівняльне правознавство |
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| Online Access: | http://journal-app.uzhnu.edu.ua/article/view/324093 |
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| author | O. V. Bilous |
| author_facet | O. V. Bilous |
| author_sort | O. V. Bilous |
| collection | DOAJ |
| description |
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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| format | Article |
| id | doaj-art-93d625f9f6714a86b57e091121f229ec |
| institution | DOAJ |
| issn | 2788-6018 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Uzhhorod National University |
| record_format | Article |
| series | Аналітично-порівняльне правознавство |
| spelling | doaj-art-93d625f9f6714a86b57e091121f229ec2025-08-20T03:00:51ZengUzhhorod National UniversityАналітично-порівняльне правознавство2788-60182025-03-01110.24144/2788-6018.2025.01.156Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approachesO. V. Bilous 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. http://journal-app.uzhnu.edu.ua/article/view/324093evaluative conceptsadministrative proceedingsdoctrinal approachesjudicial discretionlegal certaintydiscretionary powers |
| spellingShingle | O. V. Bilous Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches Аналітично-порівняльне правознавство evaluative concepts administrative proceedings doctrinal approaches judicial discretion legal certainty discretionary powers |
| title | Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches |
| title_full | Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches |
| title_fullStr | Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches |
| title_full_unstemmed | Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches |
| title_short | Peculiarities of the interpretation of evaluative concepts in administrative proceedings: analysis of doctrinal approaches |
| title_sort | peculiarities of the interpretation of evaluative concepts in administrative proceedings analysis of doctrinal approaches |
| topic | evaluative concepts administrative proceedings doctrinal approaches judicial discretion legal certainty discretionary powers |
| url | http://journal-app.uzhnu.edu.ua/article/view/324093 |
| work_keys_str_mv | AT ovbilous peculiaritiesoftheinterpretationofevaluativeconceptsinadministrativeproceedingsanalysisofdoctrinalapproaches |