Basic Approaches to Understanding the Ways of Protecting the Violated Right in Administrative Proceedings

Abstract

The article focuses on the fact that the national legal system of Ukraine is built according to modern standards, which provide for people-centrism and significant opportunities for the protection of rights and freedoms. It is noted that the dynamic formation of human rights mechanisms took place during the formation of Ukrainian statehood and gained special momentum in connection with the adoption of the Constitution of Ukraine in 1996, which laid a solid foundation in this area. And on July 6, 2005, the Code of Administrative Proceedings of Ukraine was adopted, which determined the jurisdiction and powers of administrative courts and established the procedure for conducting proceedings in administrative courts. On June 2, 2016, amendments were made to the Constitution of Ukraine, which stipulated that administrative courts operate in order to protect the rights, freedoms and interests of individuals in the field of public-law relations (part five of Article 125). It is argued that such changes strengthened the activity of administrative courts precisely in the aspect of implementing their human rights function. After all, the tasks of administrative proceedings have been defined in the Code of Administrative Proceedings of Ukraine since 2005 and consist in the fair, impartial and timely resolution of disputes by the court in the field of public legal relations in order to effectively protect the rights, freedoms and interests of natural persons and the rights and interests of legal entities from violations of on the part of subjects of power.

  The Basic Law, supplemented by the above-mentioned norm, formed a single integrated legal regulation, which set the protection of violated rights in administrative proceedings at a sufficiently high level. In this regard, the Law of October 3, 2017 No. 2147-VIII "On Amendments to the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislative acts" the Code of Administrative Procedure of Ukraine was significantly revised and this was directly related to the methods of protection of violated rights. At the same time, the CAS of Ukraine does not contain a legislative definition (legal definition) of the "method of protection".

  For the purpose of a more thorough understanding of the content of the concept of "methods of protection of violated rights in administrative proceedings", doctrinal approaches to this and related categories should be taken into account. Thus, the protection of rights can be carried out through the implementation of means, methods and within the limits of the forms established by law. On the other hand, means, methods and forms are categories, the implementation of which is aimed at protecting rights and is subject to such tasks.

It has been established that within the administrative procedural doctrine there are approaches that are related to the understanding of ways to protect violated rights in administrative proceedings in the context of an administrative lawsuit, procedural forms and other aspects of substantive activity of an administrative court. That is why, in the aspect of a complete, comprehensive and impartial analysis of the methods of protection of violated rights in administrative proceedings, such methods should be analyzed both in the context of the right to appeal to the court (Article 5) and in the context of the powers of the administrative court when deciding the case (Article 245 of the Civil Code of Ukraine ).