Mykhailov O. Judicial Control of Administrative Courts over the Activities of Public Administration in Ukraine

The dissertation deals with the comprehensive study of issues of judicial control of administrative courts over the activities of public administration in Ukraine, which gave the opportunity to determine effective ways to solve theoretical and practical problems, improve the legal basis for such control. The theoretical and legal principles of judicial control over the activities of public administration have been studied. Attention is focused on the essence and purpose of judicial control of administrative courts over the activities of public administration in a democratic society, which is defined as a constitutionally enshrined special legal form of control activity of the state in the sphere of the exercise of judicial power, the content of which is the activities of administrative courts in the administration of justice in a special procedural order conformity or non-conformity of acts and actions (inactions) of the relevant subjects of public administration and their officials with the norms of legislation for the purpose of protecting the rights and freedoms of person and citizen, ensuring the regime of legality in the activities of subjects of public administration. On the basis of the detailed analysis of doctrinal approaches, it is concluded that the purpose of judicial control over the activities of public administration is to restore the violated rights and interests of citizens or legal entities as a result of a dispute resolution, or to control the execution of a court decision in a case, one of the parties of which is a subject of public administration, and, as a result, to restore the legality and rule of law in the state. It has been established that judicial control over the activities of public administration is carried out by both general and specialized courts, in particular, administrative courts, but it is for administrative courts that judicial control over the activities of subjects of public administration is the content of their activity, their purpose. On the basis of a detailed analysis of doctrinal approaches, other features of judicial control of administrative courts have been singled out, which distinguish it from control carried out by other courts: 1) passive character, since such control is carried out only at the request of a natural or legal person who applies to the administrative court; 2) the subject of such control (the activity of the administrative court in the exercise of judicial control is related to a legal dispute that arose between a person and a subject of public administration, or in connection with nonfeasance of a decision of the administrative court adopted as a result of consideration of such a dispute); 3) special methods and means of control activity, implementation of such control in a legally defined procedural form.