THE APPLICATION OF MILITARY AND SOCIAL LEGISLATION: THE PRACTICE OF ADMINISTRATIVE COURTS LAW INTERPRETATION
In: Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, Heft 114, S. 64-70
The article analyzes theoretical and legal, comparative and applied as well as terminological and conceptual aspects of the process of interpretation by the administrative courts of Ukraine of general and military-special regulations that are important for making informed decisions in military and legal public disputes. In order to determine a systematic approach to the possibility of reversing the execution of court decisions in administrative cases on appeals against decisions, actions and omissions of the subject of power, the subject of which is the payment of one-time cash benefits to servicemen, conscripts and reservists in case of death, total or partial disability, a systematic analysis of terms, words and phrases in the context of the normative content of Article 381 of the Code of Administrative Procedure of Ukraine has been conducted. Based on the study, a logical conclusion has been made regarding the diversity and ambiguity of general legal terms, terminological phrases enshrined in the normative content of Article 381 of the CAP of Ukraine and their inconsistency with military-special terms and phrases enshrined in the normative-legal legislation of Ukraine, in particular in the field of military service and military-social legal relations. The results of the study allow the application of the provisions of Article 380 of the Code of Administrative Procedure of Ukraine on the reversal of a court decision to the disputed military-protective legal relations. Further research on the peculiarities of the application of military and social legislation by administrative courts of Ukraine should be carried out by taking into account the requirements of military and social legislation of developed foreign countries and the current practice of the European Court of Human Rights.