Теми рефератів
> Реферати > Курсові роботи > Звіти з практики > Курсові проекти > Питання та відповіді > Ессе > Доклади > Учбові матеріали > Контрольні роботи > Методички > Лекції > Твори > Підручники > Статті Контакти
Реферати, твори, дипломи, практика » Новые рефераты » The constitutional right of citizens to appeal of acts of bodies of the executive power of the Republic Bulgaria

Реферат The constitutional right of citizens to appeal of acts of bodies of the executive power of the Republic Bulgaria





onal standards of human rights.rights and freedoms give that opportunity to the citizens to participate in political life - the right to elect and to be elected, right to association in political parties, the right to participation in mass-meetings and demonstrations and others.third group is social-economic rights of a person and a citizen giving the opportunity to participate in economic life - the right to property, right to labour and etc.45 of the Constitution of Bulgaria provides the citizens to have the right to apply with complaints, to present offers and to apply with petitions to the state organs.on nature of protected interest the fundamental rights, determined in Article 45, can be personal, political or social-economic. They can be referred to protection of the fundamental rights of the third generation. For instance, the right to favourable environment. Complaints, offers and petitions can be applied separately or as the facility for protection of other fundamental rights. In this sense they can be qualified as procedural guarantees of realization of the fundamental rights and legal interests of the people, and can be considered as the procedural rights.on subjective nature the right, provided in Article 45, can be both individual, and collective.of the citizens assume presence of the direct interest on the part of the bearer, his personal rights or legal interests. Complaints are applied to the bodies of the central state administration or local state bodies. Complaints are applied individually or by a group of the citizens to the state institutes for eliminating of violation of their rights or legal interests. Non anonymous nature of complaints is the obligatory condition of their applicationplaints presentation of offers is not connected with violation of the fundamental rights. The complaint is transmitted to the competent bodies by a person or a group of the people for the person of improvement of activity of the state body or for the sanction of the question in its jurisdiction.accordance with the Bulgarian legislation justice is the state activity, realized by court. The purpose of the judicial power is protection of rights and legal interests of the broad circle of subjects of right, as follows: the citizens, legal persons and the state. Justice is the sanction of legal disputes by court essentially (the justice). It is realized in the name of the people (Article 118 of the Constitution), being, according to Article 1 Paragraph 2 of the Fundamental Law, the source of the whole power in the state.Constitutional Court considers that Positions of Article 120, Paragraph 2 comprise two constitutional norms different on its nature.- procedural - legal. Second - materially-legal, it defines the constitutional criteria of the possibility of the judicial appeal of administrative acts. In this sense the procedural interest is legitimized by the circumstance, when in the concrete case there have been violated or put under threat rights or legal interests of the corresponding physical or legal persons. Listing of legal persons as subjects of the right to judicial appeal justifies listing of the norms, fixing it in Chapter Sixth of the Constitution of Bulgaria, since in systematic attitude it could refer to chapter second of the Constitution.question about judicial supervision over administrative acts is solved by norms of Article 120 of the Constitution. According to Paragraph 2 from the list of administrative acts, which can be appealed in court, there can be excluded «clearly specified by law». The same constitutional norm does not contain the criteria, which call in question the given right of the people s Assembly (the Decision No. 18 +1997 on constitutional case No.12 1997 - DV 110 from 1997) .Constitutional Court has repeatedly emphasized that the lawmaker can exclude from judicial order appeal of administrative acts only when this exception does not infringe constitutionally recognized fundamental rights and freedoms of the citizens or when other higher, clearly proclaimed by the constitution value should be priority protected. Such, for instance, is the sphere of national safety (the Decision No. травня 1997 on constitutional case No. 25 1996 - DV, 20 from 1997.)., However, does not mean that on the internal administrative hierarchical order that whom this concerned, can not on the ground of Article 45 and Article 56 of the Constitution (these norms have the direct action according to Article 5, Paragraph 2 of the Fundamental Law) give their own arguments before the higher administrative authorities. This conclusion proceeds from the general principle of subordination in the field of administration. Directly higher administrative authorities can always cancel the acts of subordinate to him bodies of management by virtue of the right of official interdepartmental control and without presence of the certain norm of the law. This also is the form of protection of th...


Назад | сторінка 2 з 7 | Наступна сторінка





Схожі реферати:

  • Реферат на тему: Practice of consideration of cases on protection of rights and freedoms of ...
  • Реферат на тему: Principle res judicata in practice of the European court on human rights an ...
  • Реферат на тему: Abstract work THE PROBLEM OF PROTECTION OF HUMAN RIGHTS AS THE MOST IMPORTA ...
  • Реферат на тему: About development of legal fundamentals of the constitutional justice in th ...
  • Реферат на тему: Rights and freedoms of a person and a citizen and modern realities