Journal article Open Access

Procedural Nature of Administrative Proceedings in Ukraine

Serhii O. Mosondz

The article is devoted to the study of the legal nature of procedural law as a general theoretical category and its purpose in regulating procedural activity, to determine the main task that should be faced with administrative justice and to determine its effectiveness, as well as to formulate some proposals for ensuring the effectiveness of administrative justice. It is proved that the basis of the appointment of administrative justice lies in the theoretical foundations of procedural law. Appointment of administrative justice is to protect the rights, freedoms and interests of persons in the field of public relations from violations by the authorities (state authorities, local self-government bodies, their officials and officials, other entities in the exercise of their power. management functions based on legislation, including the exercise of delegated powers).

The rights, freedoms and interests that protect administrative courts can be varied (from constitutional to civil). But the largest share among them belongs to the subjective public law. Subjective public rights are usually manifested not only in the relationship of "public entity - public administration", but also in the relationship "public administration - private entity", as well as in the relations that arise between the two legal entities of public law. For example, public administration has the right to demand from a private person tax.

The practical importance of the protection of subjective public rights is manifested in the possibility of securing and enforcing them by appealing to the court. According to Part 2 of Art. 55 of the Constitution of Ukraine, everyone is guaranteed the right to challenge in court the decisions, actions or omissions of state authorities, local self-government bodies, officials and officials. However, a necessary prerequisite to appeal to an administrative court is the fact that the subject of public administration violates its own, that is, the subjective public rights of an individual.

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