Administrative Legal Proceedings: The Ambiguity Of The Concept

Abstract

The key to effective implementation of the right to judicial protection is the proper functioning of the judicial system, an important element of which is the administrative courts that ensure the administration of administrative justice. Moreover, the protection of human and citizen’s rights and freedoms through the instruments of administrative justice is an important guarantee of protection against violations by public authorities and local self-government of the «weaker» side of public-legal relations - human and citizen.

In the legal literature administrative legal proceedings is interpreted differently by different scholars, which makes it possible to conclude that this legal phenomenon is multidimensional.

In addition to understanding «administrative legal proceedings » as a separate area of justice, scholars also view administrative law as meaning: administrative justice as an area of legal science; positive (objective) administrative justice as an area of law

Administrative legal proceedings as a branch of legal science examines the current law and jurisprudence of its application, its history and theory, the legislation of other states governing certain legal relationships.

The independence of the field of law is first of all indicated by the specific subject matter and method of regulation, which are the identifying features by which the branches of law are distinguished. Administrative legal proceedings is endowed with its specific subject (the set of social relations that determine the procedure for consideration and resolution by public courts of public law disputes) and the method of legal regulation of the relevant relations in the process of administration of justice, which is endowed with a complex character, that is, is positive.

At the same time, administrative legal proceedings as a separate science, field of law and branch of justice is the subject of study of the same discipline.

In addition, given the inaccuracy of the terms «administrative process» and «administrative legal proceedings» (the term administrative process is broader and more generalized term, which includes administrative justice), it is necessary to emphasize the need to teach «Administrative legal proceedings of Ukraine» separately from «Administrative Procedural Law of Ukraine» at the level of independent academic discipline. This will focus on the peculiarities of the procedure for the consideration and settlement of administrative cases by administrative courts at all stages of the judicial administrative process.