PROCEDURAL LEGAL PERSONALITY OF PARTIES TO COMPETENCE DISPUTE: THEORETICAL AND LEGAL ANALYSIS

Анотація

The purpose of the article is to analyse the category of "administrative legal personality" to highlight the specific features of the legal status of the parties to a competence dispute.Results.The article analyses the category of "administrative legal personality" to highlight the specific features of the legal status of the parties to a competence dispute.It is determined that the CAP and the scientific doctrine define the possibility of a person to be a party to an administrative case through the category of "administrative legal personality" which correlates with the term "legal status" as a part to the whole.Legal status is a general concept that combines in its content a certain range of elements, enabling to determine the place and role of a certain actor in the circle of legal relations.In turn, "administrative legal personality" is one of these elements.It is found that Article 43 of the CAP defines the components of the category of "administrative legal personality", but the issue of administrative and procedural tort capacity is neglected.This is despite the fact that, according to general theoretical principles, obligations are meaningless without measures of liability for their improper performance.It has been clarified that a competence dispute relates exclusively to the distribution of competence between authorised actors or persons with delegated functions.Their legal personality should be understood as the existence of a legally enshrined ability to be a party to disputed relations, to perform procedural actions and to be responsible for them.Conclusions.It is determined that the acquisition of relevant rights and obligations is both primary and secondary.In particular, the primary acquisition is related to the ability to have them on the basis of competence established by law.In turn, secondary acquisition is directly related to the entry into administrative procedural relations.The key point is that the scope of their rights and obligations may be changed when entering into administrative proceedings.It is generalised that the parties to a competence dispute have not only general and special administrative and procedural legal personality, but also targeted legal personality which limits the scope of their rights and obligations by the absence of their own interest in the resolution of an administrative case.

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