Sandrachuk Y. Development of administrative justice in the system of public authorities

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102806

Applicant for

Specialization

  • 281 - Публічне управління та адміністрування

09-12-2021

Specialized Academic Board

ДФ 26.455.009

State institution of higher education "University of Education Management"

Essay

The dissertation generalizes the scientific and theoretical foundations, substantiates the basic theoretical statements and develops practical proposals for the development of administrative justice in the public authority to ensure the rule of law, administration of justice in the public sphere, protection of rights and freedoms of citizens. It is established that the development of administrative justice in the system of public authorities contributes to the formation of a quality and democratic mechanism for resolving public disputes between individuals and legal entities and subjects of power, ensuring effective protection of rights, freedoms and interests of citizens, balance of private law and public interests, control over the rule of law in the activities of public authorities. The scientific and methodological principles of the development of administrative justice in the process of administrative and judicial reform are substantiated, which include: ensuring compliance of administrative justice in Ukraine with European standards; improving the organizational support of administrative courts; development of the system of judicial self-government; introduction of an effective system of monitoring the judiciary and periodic evaluation of judges; improving the professionalism and integrity of judges. The classification of the principles of administrative justice to ensure legality in the field of public administration has been improved, according to which it is proposed to divide the principles into the following groups: 1) principles of organization (construction) of the administrative court system of Ukraine; specialization and instance; openness of information about courts of administrative jurisdiction; formation of courts and appointment of judges, employees of the staff of administrative courts in the manner prescribed by law; independence of judges, etc.; 2) the principles of administrative proceedings, which include the principles of: the rule of law; legality; powers of the court; equality of participants in the trial; publicity and openness; binding nature of court decisions, etc.; 3) principles of public administration by the judiciary: independence and autonomy of judges in making decisions regarding the organization of their judicial activity; inadmissibility of interference in the judge's decision-making; introduction of judicial self-government at all levels of the judicial system, etc.

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