Особеният характер на административния орган като ответник по административни дела
Specific Nature of the Administrative Authority as a Defendant in Administrative Cases

Author(s): Boyan Todorov Georgiev
Subject(s): Law, Constitution, Jurisprudence, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: administrative authority; defendant; administrative acts; legal proceedings; code of administrative procedure
Summary/Abstract: The institute of the defendant in cases for contestation of administrative acts is one of the convincing arguments for the objective nature of the proceedings to contest them. The question whether the administrative authority as a party to the administrative proceedings is a typical defendant, as it is known from civil proceedings, comes to the fore. The administrative authorities, as parties to the legal proceedings, may not enjoy any privilege over the other parties, nor may they perform acts which would prejudice the position of those parties. However, the special position of the administrative authority as a defendant in administrative proceedings can be explained by the specific role of administrative justice called to protect the public interest from legitimate government, which distinguishes it and from civil procedure.

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