Tur T.O. Organizational and legal means of security for a claim in administrative proceedings of Ukraine. – Qualifying scientific work as a manuscript.
The thesis for the degree of Doctor of Philosophy in speciality 081 – Law. Lviv State University of Internal Affairs. Lviv, 2022.
The dissertation deals with the organizational and legal means of security for a claim in administrative proceedings of Ukraine in the context of modern state-building, development of administrative law. A new solution to the scientific problem of security for a claim in administrative proceedings under conditions of European integration of Ukraine is implemented.
It is emphasized that the investigation of the legal nature of administrative proceedings based on studying the experience of institutionalization of the mechanism for the protection of non-governmental entities in disputes with public administration bodies in the legal systems of the European Union countries reveals the legal characteristics of this phenomenon, distinguishes development stages, demonstrates the place and role of the law-governed state. Administrative proceedings are characterized by the dualism of the legal nature, which is embodied in the mechanisms for the protection of rights of man and citizen, included in the system of public administration (in a broad sense), operating at the junction of executive and judicial branches of power.
It is noted that the study of the nature, genesis of the legal regulation of administrative justice in Ukraine, the existing approaches to categorization in legal doctrine gives grounds to define this phenomenon as: an element of constitutionalism; an institutional and functional component of the system of checks and balances in the mechanism of exercising power; an integral part of the mechanism of social and legal control over the activities of public administration; an instrument of judicial protection of the rights and legitimate interests of man and citizen, ensuring the access to justice; a functional element of monitoring of normative creativity, capable of promoting the improvement of the legislation and law enforcement practice, activities on interpretation of law by the body of constitutional and judicial control.
It is indicated that the areas of improvement of organizational and legal means of security for a claim should include: improvement of the mechanism for combating abuse in securing the claim; expansion of the information component of the statement of a claim by providing all materials that, in positive and negative terms, characterize the consequences of the decision; generalization of the practice of motivation of deciding to secure a claim or refusal to provide; application of the institution of exceptional organizational and legal means of security for a claim, characteristic of the law of individual countries of the European Union; differentiation and unification of security for a claim.
It is noted that summarizing the directions of improving the legislation in the field of application of organizational and legal means of security for a claim in administrative proceedings, it is advisable to determine priorities: improvement of the organizational structure of administrative proceedings (judicial system), covering the courts of the first instance; synchronization of the development process of the administrative judiciary with reforming the legislation and updating the courts; improvement of the legal status of judges; optimization of judicial jurisdiction and development of alternative ways of resolving legal disputes; further development of innovative technologies for the implementation of judicial protection with the use of information technology and recommendations of the European Commission on the effectiveness of justice; improvement of the state regulation and law enforcement practice of the execution of judicial acts; bringing of the national legislation and legal practice in line with international legal standards for the administration of justice.
It is stated that the institution of security for a claim is being improved in terms of increasing the degree of protection of the rights and legitimate interests of parties. The development of stable judicial practice in making the claim is a matter of time because it is impossible to protect the rights of participants in administrative proceedings quickly without effective organizational and legal means of security for a claim. There are positive trends and prospects for the development of the institution of security for a claim in the national judiciary, which will reveal the potential for effective functioning of security for a claim and adapt to the requirements of the European Union.
Key words: administrative dispute, administrative procedure, securing the claim, administrative court, protection of rights and legitimate interests, legal regulation, public relations.
