Administrative proceedings concerning the compensation awarded for infringement of the right to trial within a reasonable period: several issues upon further examination

Автор: Shirokopoyas Yulia Anatolyevna

Журнал: Общество: политика, экономика, право @society-pel

Рубрика: Право

Статья в выпуске: 4, 2018 года.

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The research attempts to reveal who is the tortfeasor, who has inflicted non-pecuniary damage and whose behavior gives rise to demand compensation for infringement of the right to trial within a reasonable period, and who is a procedural person, who meets the above-mentioned demand intended to protect the infringed right. The study addresses the issues related to classifying proceeding concerning the compensation awarded for infringement of the right to trial within a reasonable period as any category of administrative proceedings. The paper presents the author’s opinion on the legal nature of the proceeding itself. The terms ‘sufficiency’ and ‘effectiveness’ are considered in the context of their legal alternative to permanent characteristics of offense and behavior enabling the court to settle the issues of liability and liable party in the public legal process. It is concluded that such proceedings can be characterized by instance supervision. The issues discussed and replies received thereto will be useful for further research aimed at reaffirming the fact that these proceedings can be referred to another public legal process.

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Sufficiency, effectiveness, offense, legal liability, infringed right, judicial review, instance supervision, trial within a reasonable period, award of compensation, behavior patterns

Короткий адрес: https://sciup.org/14932269

IDR: 14932269   |   DOI: 10.24158/pep.2018.4.8

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