JUDICIAL CONTROL OVER THE ACTIVITIES OF PUBLIC ADMINISTRATION BODIES IN THE CONTEXT OF ADMINISTRATIVE AND LEGAL GUARANTEE OF PERSONAL RIGHTS IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 68)Publication Date: 2023-10-31
Authors : Dobosh Zoryana;
Page : 19-24
Keywords : control; judicial control; public administration; justice; public administration bodies; administrative and legal guarantees; rights; legitimate interests;
Abstract
The article is devoted to the determination of the content, features, subjects of implementation and legal support of judicial control over the activities of public administration bodies in the context of the administrative-legal guarantee of the rights and legitimate interests of a person in Ukraine. The article presents the normative and legal basis for the definition and implementation of judicial control. It has been established that there are scattered references to the possibility of judicial control in many normative legal acts, however, they do not make it possible to understand the meaning of the concept of «judicial control», do not specify an exhaustive list of its varieties and features of its implementation. The content of the legal category «judicial control» is disclosed. It was found that the term «judicial control» best reflects the practical orientation of the activities of judicial bodies regarding various manifestations of public-legal relations. It is emphasized that in the context of the administrative-legal guarantee of the rights and legitimate interests of a person in Ukraine, judicial control can have a preventive nature and be aimed at ensuring legality in the field of public administration and thereby guaranteeing the realization of the rights and legitimate interests of individuals and legal entities. At the same time, judicial control in the field of public administration may have the following nature, refer to the appeal of the decision, actions of the public administration body, which have already violated human rights in the specified area. It was established that, guaranteeing the protection of legal opportunities in the field of public administration, judicial bodies can check the content and procedure of approval of an individual law-enforcement act of a public administration body at any stage of its adoption. It is recognized that judicial control in the field of public administration is a means of administrative and legal guarantee of the rights and legitimate interests of individuals and legal entities, which is implemented by judicial authorities. The importance of the court's dynamic response to new challenges, its ability to adapt the means of influencing public-legal relations in view of the need for their effective settlement is recognized.
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