Doctrinal and Legislative Approaches to the Definition of Subjects and Participants in the Administrative Process

Abstract

The paper examines the existing contradictions between scientific terminology and terminology of legislation on the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational literature shows that even today there is no clear justification for the relationship between the concepts of"subject of administrative process" and "participant in the administrative process". The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural law and the laws of development of the science of administrative procedural law. It is concluded that it is long overdue to offer the scientific community and legal practitioners a concept of the relationship between the concepts of "subject of administrative proceedings" and "participant in administrative proceedings", which would reconcile the contradictions of otological and epistemological terminology used in CAP of Ukraine. The necessity to use in science of administrative law and process the concept according to which administrative process should be considered as law enforcement activity of administrative courts connected with consideration and the decision of public law disputes is proved. In this case, the subject of the administrative process will always be the administrative court, while the parties, third parties, representatives, assistant judge, court clerk, court administrator, witness, expert, legal expert, translator, specialist are only participants in the administrative process , ie persons who take part in the law enforcement activities of the administrative court.