Osipov Y. Implementation of the right to apply to the administrative court and methods of its legal protection

The dissertation is devoted to defining the essence and features of the exercise of the right to appeal to an administrative court and methods of its legal protection. The legal nature of the "right to appeal to an administrative court" has been studied by providing a legal characterization, comparing and establishing legal connections between such related categories as: "the right to judicial protection", "the right to protection in administrative proceedings", "the right to an administrative lawsuit ", "the right to apply to an administrative court", "the right to file an administrative claim". It has been proven that the "right to judicial protection" and the "right to apply to an administrative court" are completely independent, but interrelated categories that differ from each other in terms of subjects, moment of occurrence and content. At the same time, the right to judicial protection is the right of the most general order in relation to other rights studied in this subsection. It was determined that the right to defense in administrative proceedings, as well as the right to an administrative lawsuit, have a dualistic legal nature, characterized by procedural and substantive legal aspects. The procedural and legal aspect of these rights is disclosed through administrative and procedural legal relations that arise in the event of a person's appeal to an administrative court (filing an administrative lawsuit). The mechanism for exercising the right to appeal to an administrative court depends on a number of circumstances, which are defined as conditions and prerequisites for the right to appeal to an administrative court. At the same time, an appeal to an administrative court does not guarantee the satisfaction of requirements in the aspect of obtaining protection (satisfaction of the claim) as a material and legal aspect of the right to protection in administrative proceedings (the right to an administrative claim), which indicates the interconnectedness and interdependence of procedural and material aspects.