Principles of administrative legal proceedings in modern conditions: scientific and legal aspect

Abstract

The article is devoted to a scientific and theoretical study of the principles of administrative legal proceedings in the updated conditions of the Ukrainian State development, based on the needs for high-quality provision and implementation of legal rights, freedoms and interests of individuals and legal entities in the field of public law relations. It has been established that the principles of administrative proceedings at the current stage of development of administrative procedural law should be understood as the basic, initial rules which are stipulated by the provisions of national legislation, as well as generally accepted provisions of international law and standards of administration of justice, and which determine the organisational and functional (procedural) conditions for the administration of justice in administrative cases, and which are reflected and enshrined in the relevant provisions of the Code of Administrative Procedure of Ukraine. It has been noted that by their functional purpose, the principles of administrative justice form a stable basis for the functioning of the mechanism of administrative and procedural regulation.

Based on the analysis of the existing scientific developments on this issue, the author supports and further develops the scientific position on determining the characteristic features inherent in the principles of administrative justice in the modern context, namely a) each principle is based on a certain idea, determined by the socio-legal and ideological values of public life, the state and law at this stage of development and functioning; b) the principles have an external expression, i.e. they are textually concentrated in the norms of administrative procedure legislation and reflect the content, essence and internal structure of administrative proceedings, the entire process of the dynamics of its implementation; c) the principles perform a safeguarding function, as they contribute to the main task of administrative proceedings to ensure the proper level of exercise and protection of individuals and legal entities of their rights, freedoms and legitimate interests from violations by public authorities; d) each principle should be logical and scientifically grounded, internally balanced, aimed at ensuring the orderly administration of justice in administrative cases, while not repeating the content of other principles of administrative justice and not contradicting each other.