ЗМІСТ ТА ПРЕДМЕТ ДОСТУПНОСТІ АДМІНІСТРАТИВНО-ЮРИСДИКЦІЙНОГО ЗАХИСТУ

Abstract

In the article the author studies the issue of the accessibility of jurisdictional protection as an integral accessibility mechanism of administrative justice and administrative appeals mutually. The author compares difference between administrative and judicial procedures of advantages and disadvantages in law arrangement. In the article is proposed the supposition that the idea of the availability of protection within the framework of an administrative appeal is the next step in improving the national protection mechanism public sphere of relations. The author argues that the accessibility of administrative and jurisdictional protection should not be equated with actual access to justice or an administrative appeal body, because the latter has a more restrictive subject matter. Because the access of an administrative appeal and jurisdictional procedure has a more restrictive consideration subject than accessibility of jurisdictional protection - they don’t have to be similar. The availability of administrative and judicial protection should not be equated with actual access to a court or administrative body. Accessibility has a much broader scope, which by its very nature creates and enforces legal and organizational requirements to ensure the exercise of the right of defense in public relations. The direction of the norms of administrative law for the protection of rights and legitimate interests is the result of the legislative, normative, judicial law-making and right-realization activities of the participants in administrative legal relations, which manifests itself in the following properties of norms: preventing the creation of excessive and discretionary powers of the subject of state power; the availability of a procedural mechanism for the implementation of substantive law on protection; the availability of administrative suicide; consolidation of legal liability and the presence of a specific offense in the legislation on liability of officials (officials) of public administration; comprehensive interpretation of the content of fundamental human rights and freedoms, as well as legal principles by the administrative and constitutional courts. The nature of the appeal against public authority is individual in nature, that is, the basis of the complaint is the reason to believe that the actions, decisions, acts of the subjects of authority have led to a violation of the rights, freedoms and interests of the subject of the appeal. Th us, the mechanism of public appeal should be as simple as possible, convenient, economical, and should not contain bureaucratic procedures of overburdening of an individual nature.