Sorochko N. Methods of judicial protection in administrative proceedings

The concept and legal nature of methods of judicial protection in the administrative proceedings of Ukraine are formed. This is an active category of the administrative process which has as its strategic goal the restoration of the rights, freedoms and interests of individuals violated by the subjects of power and the public interest of society as a whole. A comprehensive analysis of the legal nature of the methods of administrative proceedings is made. As a result, a broad and narrow understanding of their composition is formed. The first includes administrative procedural means of ensuring the rights of individuals and the public interest of society and methods of judicial control over the activities of subjects of power and tools to ensure the administrative process. The narrow content of the methods of administrative proceedings includes only methods of ensuring the administrative process. The concept of methods of judicial protection in administrative proceedings as an administrative-procedural tool for protection of rights, freedoms and interests from violations by the subjects of power is revealed. The principles of methods of judicial protection in administrative proceedings are identified, generalized and described. The principle of obligatory observance of administrative-procedural methods of judicial protection in administrative proceedings has been formed. The concept of ways to ensure the administrative process is formed. Their complex classification by forms of external expression is: the basic means of simplified and general proceedings is carried out; ways of conducting a court hearing by means of remote participation; alternative, through the use of mediation in administrative proceedings; and ancillary, for the consideration of administrative cases in written proceedings. The legal nature of the terms in the administrative process and the procedural rights and obligations of the participants in the administrative process are clarified. It has been argued that judicial remedies being at the top of the pyramid of justice at a lower level of redress should be complemented by administrative remedies. It is proposed to approve a «simpler» method of administrative proceedings in the domestic judicial system. The methods of judicial protection in the administrative proceedings of Ukraine have been improved in the areas of: increasing the efficiency of execution of decisions of administrative courts; improving access to administrative justice; introduction of a new method of judicial protection in administrative proceedings, called «simpler»; approval of judicial mediation in the current administrative-procedural legislation.