ISSUES OF APPLICATION OF JUDICIAL CONTROL OF ADMINISTRATIVE COURTS OVER THE ACTIVITIES OF PUBLIC ADMINISTRATION
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 70)Publication Date: 2023-12-31
Authors : Bukhanevych Oleksandr; Ivanova Roksolana;
Page : 9-13
Keywords : judicial control; administrative courts; public administration; legal compliance; transparency;
Abstract
Introduction. According to Article 6 of the Constitution of Ukraine, judicial power is considered equal to executive and legislative powers but has distinct functions [1]. Administrative proceedings are highlighted as a primary means of protecting the rights and interests of individuals and legal entities in public law relations. The importance of theoretical study in this area is emphasized to guide the reform of the judicial system and legislation on administrative proceedings. The study begins by framing the importance of judicial control of administrative courts over public administration bodies, acknowledging its role as a critical mechanism in ensuring legal compliance, fairness, and transparency. It outlines the evolving landscape of governance where judicial oversight acts as a cornerstone for maintaining a balance between the autonomy of administrative bodies and the protection of citizens' rights. Purpose. The primary aim is to dissect and understand the current state and future prospects of judicial control exerted by administrative courts, highlighting its effectiveness, challenges, and impact on public administration. The study seeks to provide a comprehensive overview, identify gaps, and suggest improvements in the judicial oversight process. Materials and Methods. The study employs a multifaceted methodology, including a review of legal documents, statutes, and case law; comparative analysis of different jurisdictions; interviews with legal experts; and statistical analysis of judicial interventions. It also incorporates policy documents, academic literature, and international standards to provide a well-rounded perspective. Results. Findings indicate an increased scope of judicial oversight and variability in its application across jurisdictions. Challenges in defining administrative discretion and balancing judicial scrutiny with administrative efficiency are prominent. The study also notes a positive impact on public trust and governance from enhanced judicial oversight but acknowledges the potential for overreach and inefficiency. Discussion. The discussion revolves around interpreting the results in the context of current legal frameworks and governance models. It explores the implications of increased judicial control for public administration and legal systems, considering the challenges of maintaining a delicate balance between effective oversight and the necessary autonomy of administrative entities. The discussion also extends to the potential reforms and future trends in judicial oversight.
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