Recusal of the Determining Body in the Administrative Process

Authors:

Pages: 44-51
DOI: https://doi.org/10.54664/KJKY3121

Abstract:

The institution of a recusal is connected with the principles of objectivity and impartiality in the doctrine in the process of examining and declaring the judgement of the papers by the body in charge. The grounds of the recusal aim to remove all the reasonable doubts concerning the bias of the determining body, and represent an attempt to guarantee its fairness. This article explores the nature of the recusal, its application to the determining body in the stages of issuing administrative acts and appealing them before the court, the reasons for and the procedure of its implementation. The article also looks through the different grounds for a recusal, the opportunity for appealing the act of ruling the recusal and self-recusal, as well as some controversial issues and their solution in the field of theory and practice of law.

Keywords:

bias, impartiality, recusal, self-recusal, null and void administrative act, conflict of interest

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