The Problematic Issues About Compensation for Damages Caused by Suspension of Appealed Individual Beneficial Administrative-Legal act, key Aspects About Mutual Separation of Procedural Standards Established in Civil and Administrative Court Proceedings
DOI:
https://doi.org/10.60131/jlaw.1.2025.9291Keywords:
Suspensive Effect, Administrative court proceedings, Civil court proceedings, Preventive Security Measures, Provision for the Damage.Abstract
The present paper reviews the principal aspects of mutual separation of Civil and Administrative court proceedings, as well as the current legal reality in terms of analysis of the judicial practice. The relevance of the issue about the question of feasibility of compensation the damages caused by suspension of individual administrative-legal acts, while adjudicating the cases by the common courts, became the source the of inspiration for this paper.
The present research was analyzed on the basis of both – comparative-legal method and generalization of the judicial practice of the common courts and Constitutional Court of Georgia. The considerable part of this paper is dedicated to problematic aspects about admissibility of compensation for damages caused by suspension of the administrative-legal act in form of the claim security measure in Administrative court proceedings when there is a conflict of interests of subjects of private law in administrative dispute.
From comparative-legal point of view the paper examines the normative regulation of the issue about compensation for damages in the event of suspension of administrative-legal acts while implementation the Administrative Justice and also the approaches established in the doctrine on the examples of Germany, France, Latvia, Estonia and the United States of America.
The efficiency of justice is manifested in the independent, impartial, fair and timely judicial procedure. [1]
[1] See citation: Schmitt S., Richter H., The Procedure of Making a Decision by a Judge in Civil law, German Society for International Cooperation (GIZ), 2013, 3 (in Georgian).
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