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DEVELOPMENT OF THE INSTITUTE OF JURISDICTION IN ADMINISTRATIVE JUDICIARY IN THE XX–XXI CENTURIES

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 19)

Publication Date:

Authors : ;

Page : 14-22

Keywords : jurisdiction of administrative cases; administrative justice; the principles of administrative justice; competence;

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Abstract

The article comprehensively analyzes the historical and legal aspects in administrative legal proceedings. It is determined that the formation, establishment and further development of the institution of jurisdiction in the domestic administrative legal proceedings, as an integral part of the organization of the judicial branch of government, has a long and complex history. At each stage of the development of administrative legal relations, the expansion of the sphere of legal regulation necessitated a clear definition of the jurisdiction of each judicial link in order to effectively protect the violated rights, freedoms and interests of the subjects of legal relations. We believe that the institution of jurisdiction arose with the advent of the courts. It is determined that in the history of administrative-procedural law at the beginning of the 20th century, the need arose to create the institution of jurisdiction of administrative cases. With the development of legal relations, there has been an increase in disputes in the field of management (military service cases, industrial and factory conflicts, appeal against decisions and actions of governing bodies, etc.). However, attempts to create an effective system of administrative courts that would resolve these disputes were unsuccessful. Therefore, in the period from the beginning to 80 years of the XX century. should be considered preliminary. After all, the first attempts were made to justify and determine the jurisdiction of administrative cases. It is noted that Jurisdiction finds its expression in the social and legal need, transformed into specific requirements of a legal nature, to ensure stable favorable conditions for the exercise and protection by citizens of their rights and freedoms, most of which are formalized in the process of interaction of citizens with public authorities. The actual formation of this institution and its full functioning during the independence of Ukraine has been delayed for a long time. The reasons for this were: firstly, the problems of financial and resource support, and secondly, the conceptual legislative uncertainty. Since the adoption of the CAS of Ukraine and the creation of a system of administrative courts, there has been a proper trial and protection of the rights, freedoms and interests of citizens in the field of public law relations. However, after the adoption of the CAS of Ukraine, there is a process of improving the institution of jurisdiction of administrative cases.

Last modified: 2021-03-16 22:30:18