Zavydniak A. The right to access to the administrative justice

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100496

Applicant for

Specialization

  • 081 - Право

11-07-2023

Specialized Academic Board

ДФ 61.051.067

Uzhhorod National University State Higher Educational Institution

Essay

The thesis is a comprehensive scientific study of the right to access to administrative justice, aimed at revealing the legal essence of ensuring effective and efficient administrative justice in the context of European and international standards for the protection of human rights. The object of research is public relations in the field of administrative proceedings. The subject of the study is the implementation of administrative proceedings and guarantees of access to administrative courts. The work proves the dual nature of access to administrative justice – human rights and institutional. From the point of view of the nature of human rights, access to justice is a subjective public right. Access to justice defines certain standards for ensuring the right to protect the violated rights of an individual in the implementation of public governance through pre-trial settlement of disputes and resolution of cases in an administrative court. From an institutional point of view, in contrast to the constitutional right to judicial protection, access to administrative justice is narrower, as it concerns the observance of human rights and freedoms in the sphere of public governance. This distinction is based on the following specific features of administrative justice: 1) subject jurisdiction; 2) the difference in the procedure for consideration of cases in the order of constitutional and administrative proceedings; 3) means of protection within the framework of administrative proceedings are included in the system of criteria for the admissibility of constitutional complaints; 4) by the legal nature of the decisions of bodies of constitutional and administrative jurisdiction. The principles of administrative proceedings determine the standards of behavior of its participants, based on existing legal facts and in accordance with the general principles and goals of administrative proceedings. Key words: access to justice, administrative proceedings, appeal of court decisions, court, European Court of Human Rights, European Court of Justice, execution of court decisions, human rights, judiciary, martial law, pre-trial dispute resolution, reasonable time, restrictions on human rights, right to judicial protection.

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