О ПОЈМУ УПРАВНОГ СПОРА
THE NOTION OF ADMINISTRATIVE LITIGATION

Summary/Abstract: Administrative litigation is a kind of judicial control of administration. Its notion is determined in various ways in legal theory, so that it is not possible to provide an abstract and universal definition, which would be valid for all national systems. Differences in defining this notion stem out of various needs of individual countries, of different times and prevailing ideas in this matter, as well as out of attitude of specific authorities in legal literature. Greatest contribution in defining administrative litigation is effected by the authors of a country which has created this legal institute - France. They define it primarily in terms of public service. German authors, on the other hand, did not engage much in that problem, while general conception in that country involved referring to its subject matter, namely, administrative act. In Yugoslavia there is a statutory definition, according to which administrative litigation is a judicial procedure to settle the legality of and administrative act of a state agency, or a non-state subject carrying out public powers, and the one to decide on rights and duties in an administrative matter. Yugoslav theory of law has only attempted, while using the same elements of the above statutory definition, to determine the notion of administrative litigation in a simpler way (with some exceptions). Thus, administrative litigation may be defined in the simplest and most concise manner as a litigation concerning the legality of an administrative act before a court.

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