ОСНОВНІ ЗАВДАННЯ, ФУНКЦІЇ ТА ПРИНЦИПИ АДМІНІСТРАТИВНОГО СУДОЧИНСТВА В СУДАХ ЗАГАЛЬНОЇ ЮРИСДИКЦІЇ

Keywords: administrative justice, tasks, purpose, functions principles, protection of rights, freedoms and legitimate interests

Abstract

The main task of administrative justice is to protect the rights and legitimate interests of citizens and organizations from unlawful decisions, actions (inaction) of public authorities, local self-government bodies and their officials. Administrative justice, as an organizational and legal mechanism embedded in the rule of law, is intended to ensure the subordination of the public administration of law and justice. Its mission is to assure individuals that any illegal act of administration that violates their rights may be declared invalid by a court. This fundamental task stems from the goals and objectives of administrative justice aimed at ending abuses by public administration. To define precisely the task of administrative justice means to create first of all the confidence of citizens in their legal protection.

The article is devoted to the study of tasks, goals, functions and principles of administrative justice. It is stated that the purpose of administrative justice is to protect the rights and legitimate interests of individuals and legal entities, the state, to ensure law and justice in the administration of justice. The purpose is directly related to the tasks of the judiciary. Functions, general and specialprinciples ofadministrative justice are considered. It is emphasized that it is expedient to amend the Code of Administrative Procedure of Ukraine.

The study of the tasks, functions and principles of administrative justice in courts of general jurisdiction is an important element of the study of administrative justice in courts of general jurisdiction, since it allows to determine the boundaries of the phenomenon under study and its main characteristics. The CAS of Ukraine establishes only the tasks of administrative justice, without mentioning the purpose. Tasks form a unified understanding of the nature of administrative justice. It concerns the protection of rights, the accessibility of justice, its timeliness, and the need to prevent and end violations in the public sphere. The last thesis we propose to regulate in more detail in legislation, to develop the function of stopping possible violations in the future. This can be achieved by providing an opportunity to apply to the court to eliminate circumstances that may in the future violate the rights, freedoms and legitimate interests of individuals and legal entities

Published
2019-09-27
How to Cite
Подоляк, Е. (2019). ОСНОВНІ ЗАВДАННЯ, ФУНКЦІЇ ТА ПРИНЦИПИ АДМІНІСТРАТИВНОГО СУДОЧИНСТВА В СУДАХ ЗАГАЛЬНОЇ ЮРИСДИКЦІЇ. Scientific Notes of Lviv University of Business and Law, 22, 86-92. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/175