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CONCEPT AND CHARACTERISTICS OF JUDICIAL CONTROL IN THE SPHERE OF PUBLIC ADMINISTRATION

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 57)

Publication Date:

Authors : ;

Page : 16-22

Keywords : judicial control; public administration; justice; public administration bodies; court;

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Abstract

The article analyzes the concept of judicial control in the field of public administration, identifies the main features of this control, and highlights its content. The place of judicial control in the system of state control is outlined. Ways of ensuring legality in the context of modern changes in the field of public administration are considered. In general, judicial control is considered in the context of public legal transformations in Ukraine, in particular changes in the system of public administration in the state on the basis of transparency, democracy, reassessment of the role of state coercion in administrative law and the need to strengthen the openness of management activities in the state. The general meaning of the term «control» is characterized, the relationship between the legal categories «judicial control» and «justice» is outlined. It is substantiated that judicial control is implemented through the jurisdictional activity of the court, in particular, that judicial control is a powerful way of ensuring legality in the consideration of disputes between individuals and legal entities with subjects of authority in the order of administrative proceedings, for example, in the course of challenging their legal acts (regulatory and individual), actions or inaction, implementation of their delegated powers, disputes on appeals of other subjects of public administration. The main types of external manifestation of judicial control in the field of public administration (direct and indirect judicial control) are presented. It was emphasized that judicial control pursues the goal of restoring the regime of legality, protecting the rights and legitimate interests of citizens, the satisfaction of which occurs in the process of implementing public administration, eliminating possible administrative and disciplinary offenses, crimes related to abuse of official position, improper performance of official duties and, at the same time, the implementation of the preventive function (general and special prevention) regarding the prevention of the specified violations and the bringing of officials of public administration bodies to legal responsibility in case of their commission, the exercise of educational influence on the officials of public administration bodies.

Last modified: 2022-12-22 19:32:23