Administrative procedural legal capacity and capacity of foreigners and stateless persons: concept and essence

Abstract

Participants in the administrative process are its participants. However, in order to be a subject of administrative proceedings, its participants must have administrative procedural capacity and legal capacity, while the legal status and procedural status of foreigners and stateless persons, the scope and content of functions and tasks of these persons may differ significantly from other participants in administrative proceedings. Given that administrative procedural capacity and legal capacity are the most important features of the administrative process, this controversial category still attracts the attention of scholars. In accordance with the provisions of Art. 26 of the Constitution of Ukraine, foreigners and stateless persons legally staying in Ukraine enjoy the same rights and freedoms, as well as bear the same obligations as citizens of Ukraine – except as provided by the Constitution, laws or international treaties of Ukraine. This provision is generally consistent with Art. 2 of the Universal Declaration of Human Rights, adopted by the United Nations General Assembly on December 10, 1948, according to which everyone should have all the rights and freedoms proclaimed by this Declaration.Since the right to go to court is regulated by the Constitution, laws of Ukraine, as well as international acts, the above provides legal guarantees of legal capacity. In order for a foreigner and a stateless person to be a subject of an administrative proceeding, he or she must have legal capacity. A characteristic feature of administrative procedural capacity is that it has not only rights but also responsibilities.The legal basis for the emergence of administrative procedural legal relations is the administrative procedural capacity and legal capacity of foreigners, stateless persons as participants in court proceedings. This issue is regulated by Chapter 4. «Participants in the trial» of the Code of Administrative Procedure of Ukraine, and Art. 44 of the Code defines the procedural rights and obligations of the participants in the administrative case.