Povorozniuk M. Administrative claim as a means of realizing the rights of citizens to judicial protection in public-legal relations.

The dissertation is a complex study of administrative claims as a means of realizing citizens’ rights to judicial protection in public-legal relations. The state of scientific researches of the development of the institute of administrative claim in the legal doctrine and legislation of Ukraine has been characterized. The paper presents the defintion of an administrative claim, as well as the features and elements of an administrative claim, which are as follows: the basis, the subject and the content. In accordance with the new edition of the CAS of Ukraine, the types of administrative lawsuits were distinguished: 1) claims about appeal; 2) content claims; 3) action claims; 4) claims for competence; 5) claims of full judicial jurisdiction; 6) claims for the application of sanctions. It has been established that the content and features of the realization of the right of citizens to appeal to the court with an administrative claim provide the citizen with the opportunity of practical realization of the right of each person fixed at the legislative level to initiate the opening of proceedings in the administrative case to protect their rights, freedoms and legal interests in public law from violations of the subjects of authority. The thesis define legal principles for the decision of the right of citizens to satisfy an administrative claim, which are: 1) the right to appeal to the court with an administrative claim; 2) the observance of the time limit for appeal to the administrative court or the prudence of the reasons for its omission; 3) the validity of the administrative claim, which tests the proof of the circumstances, which confirms the claims of the plaintiff against the defendant – the subject of authority; 4) taking the court decision favorable for the plaintiff, which should be based on the principles of the rule of law. It has been clarified that the procedural form of the activity of administrative courts regarding the consideration and resolution of administrative cases is carried out according to the rules provided by the CAS Ukraine in the procedure of proceeding and is divided into «general proceedings» and «simplified proceedings», which ensure the administration of justice in administrative affairs. The thesis presents the definite proposals aimed at improving the normative provision of the implementation of citizens’ rights to judicial protection in the proceeding by introducing changes and additions to the CAS Ukraine.