Implementation of the right to apply to the administrative court for the protection of violated rights, freedoms and interests in the field of public-legal relations
Year: 2025
Type: article
Abstract: In scientific article the legal nature of the «right to appeal to an administrative court» has been studied by providing a legal characterization, comparing and establishing legal connections between such related category as «the right to judicial protection» is emphasized. It is stated that the right to judicial protection is endowed by the legislator with an impersonal character, and the waiver of the right to go to court for protection is considered invalid. The conceptual-categorical apparatus concerning the right to appeal to the administrative court for protection has been improved by defining the right to appeal to the court for the protection of violated rights, freedoms and interests in the field of public-legal relations as a subjective administrative procedural law, the mechanism of implementation of which is regulated by the norms of administrative procedural legislation of Ukraine and is carried out through active procedural actions of the authorized person, aimed at opening proceedings in administrative case. The definition of the mechanism of realization of the right to appeal to the court is formulated as the procedural law regulated by the procedural law regulating the dynamic system of procedural forms, means and methods of protection of the violated, unrecognized or disputed right or interest, the action and interaction of which is aimed at initiating the trial. It was emphasized that the realization of the right to appeal to the administrative court for protection of violated, unrecognized or disputed rights in a particular situation is credited with the availability of a number of conditions, observance and execution of which are a necessary factor for obtaining administrative court order to open proceedings. The circle of subjects of the right to appeal to the administrative court for protection has been defined and their classification is distinguished depending on the method of participation in the process of realization of this right on the direct subjects (such as those who are the bearers of this right and implement it in the course of their own actions) and the indirect (those who are carriers of this right and implement it in the process through representatives or through the bodies and persons authorized by law to appeal to the court for the benefit of other persons).
Author: M. V. Dzhafarova
Institution: Kharkiv National University of Internal Affairs
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408569619