FEATURES OF CONSIDERATION OF ADMINISTRATIVE CASES RELATED TO PROVIDING THE PUBLIC INTEREST

The article examines the peculiarities of consideration of administrative cases related to the provision of public interest. Approaches to the interpretation of the term «public interest» are highlighted. The normative-legal framework, which regulates the right to appeal to the court in order to ensure the public interest, has been studied. The range of subjects that can be plaintiffs and defendants in the consideration of administrative cases related to the provision of public interest is defined. It is noted that the provision of public interest in administrative proceedings should not be intertwined with other types of administrative cases, which should be considered substantively according to the rules of the Code of Administrative Proceedings of Ukraine. Analyzing the existing approaches, the following characteristic features of «public interest» were singled out: a) it is an expression of the needs of a certain social community; b) is good for a certain social community; c) can be ensured through the use of state-legal instruments of influence; d) is subject to protection within the limits of administrative proceedings; e) in each case, it will be a private interest at the same time, but will not always coincide with the state interest, etc. Attention is focused on the fact that public interest can relate to such important areas as ecology, the state of the environment, cultural assets and heritage, natural resources, etc. Such disputes are considered in administrative cases according to the rules of the Code of Administrative Procedure. It was revealed that the subject of consideration in courts in cases related to the provision of public interest are the actions, inaction of the subjects of authority and the obligation to perform certain actions. Claimants are public organizations in the interests of their members or other persons who applied to the public organization for protection of violated rights and/or interests. The judicial practice of consideration of administrative cases related to the provision of public interest was analyzed. It is pointed out that there is no single approach to the consideration of this category of cases. The main problematic issues faced by plaintiffs when considering cases related to the provision of public interest are singled out and systematized.