НЕСПРАВЕДЛИВІСТЬ ЯК НАСЛІДОК УХВАЛЕННЯ НЕЗАКОННОГО І НЕОБГРУНТОВАНОГО СУДОВОГО РІШЕННЯ В АДМІНІСТРАТИВНОМУ СУДОЧИНСТВІ УКРАЇНИ

Abstract

The article attempts to determine the theoretical and legal understanding of the category of “injustice” in the context of administrative justice. It has been proved that the issue of injustice exists in society, and it influences social relations in society as a whole. It should be noted that the manifestation of injustice in the activities of the courts has the greatest impact on society. The author states that the term “injustice” in most cases, in contrast to the term “justice” is rarely considered in legal science. However, “injustice” quite often occurs in the practice of the courts and is considered a significant basis of administrative justice. Th e concept of this category has not been studied or due attention was not given by scholars in the fi eld of administrative procedural law. It is argued that the scientifi c world and legislators seem to be deliberately overlooking this category, as it is considered to be an unnecessary element of the normal development of society and the legal system as a whole. The author is tasked to establish the impact of injustice on the legality and validity of the court decision in the administrative judiciary of Ukraine. To achieve the goal of the article the views of various scholars are analyzed and it is proven that there is a necessity to broaden approaches to the definition of the category of “injustice” in administrative procedural law. As a result of such a study, the possibilities for applying the disciplinary responsibility of the judicial corps in the context of making unfair decisions may be expanded.