About a conception of a decision of the administrative body in the Code of Ad-ministrative Procedure and the Code of Administrative Justice
Abstract
The Author deals in his detailed article with conformity and distinction in formal and material conception of a decision from the point of view of the Code of Administrative Procedure and the Code of Administrative Justice. He also presents many examples from the judicial decisions that he comments on.
The Author analyses a decision of the administrative body as a result of the (administrative) procedure; defects of the definitions of a decision in the Code of Administrative Procedure and the Code of Administrative Justice; certain consequences of the so called material conception of the decision; character and effect of certain acts of the administrative bodies under Part Four of the Code of Administrative Procedure; character of a planning approval and an approval with execution of the notified building; character of binding opinions; character of the decision on a relocation of the judge, decision on dismissal (and appoint-ment) of the prosecuting attorney and a decision on suspension of perform-ance of the execution office; character of certain other decisions on public office and decisions on provision of financial means from public budgets. The Author achieves his aim mentioned at the beginning of the article, i. e. to contribute to discussion on this topic by means of comparison of the legal regu-lations of a decision in crucial acts, their interpretation and application in judicial decisions.
He makes a summary at the end of his article.