The dissertation is devoted to the analysis of the current legislation of Ukraine, legal literature and scientific achievements of administrative scientists, on the basis of which a number of conclusions, proposals and recommendations are formulated, aimed at determining the essence, content and types of administrative-jurisdictional proceedings, their place and role in the administrative process, as well as improvement the specified type of procedural activity.
The features of jurisdiction that give it a qualitative distinctiveness and determine its essence have been clarified, namely: 1) it has a law-enforcing nature, since all bodies of state power, local self-government and other subjects of authority to resolve a disputed situation have the opportunity not only to consider the case and accept an appropriate decision, but also to establish boundaries or rules that will allow resolving disputed or unresolved situations; 2) has a formalized nature, finding consolidation in the current system of legal regulations in the form of special procedural procedures; 3) focus on ensuring legality and law and order, protecting the rights, freedoms and legitimate interests of citizens, eliminating the causes and conditions that determine the emergence of a public-law conflict; 4) is carried out by authorized subjects of power and their officials, the types of which, their sub-department and the order of activity are clearly established in the legislation; 5) consists in the legal assessment of the actions of individuals and legal entities and the adoption of a jurisdictional act, which specifies the granted rights and obligations and applies coercive measures provided for by law; 6) promotes the implementation of established rights and obligations of individuals or legal entities, their protection and protection, which is manifested in countering illegal violations and limiting the rights, freedoms and legitimate interests of individuals, preventing these violations, as well as compensating for the damage caused; 7) its basis is a legal conflict, the content of which is the consideration of disputes; application of coercive measures and execution of court decisions.
It has been established that in procedural terms, administrative jurisdiction is based on the principles of jurisdictional activity in general and includes a legal assessment of the behavior of participants in administrative-legal relations, as well as the application of state coercive measures to them in necessary cases. Administrative jurisdiction is characterized as a procedural component of an administrative-legal dispute, since the structure of the latter is a complex of relations of a material (for example, the subject of the dispute) and procedural (for example, the procedure for resolving a disputed issue) nature.
The importance of administrative-jurisdictional legal relations as the main regulators of administrative proceedings is emphasized, because the latter: – are carried out by authorized state bodies; - aimed at solving administrative situations and disputes, i.e. establishing circumstances and facts based on the law (rights) and generating certain legal consequences; - are carried out within the limits and procedure established by law; - are carried out according to certain stages, stages, separate procedural actions; - provide for the mandatory presence of one of the parties of the subject of power, since administrative legal relations do not arise only between citizens; - the result involves the execution of the corresponding procedural document; - regulated by the Code of Ukraine on Administrative Offenses and other legal acts.
Administrative-jurisdictional legal relations are proposed to be considered as a type of administrative-procedural relations, which are regulated mainly by the norms of administrative law and consist of the resolution of individual-specific legal disputes (conflicts) in the field of public administration during the consideration of cases of administrative offenses, consideration of citizens complaints, implementation of disciplinary proceedings and proceedings in connection with the application of measures of administrative coercion.
