The essence and significance of administrative procedures in the activities of courts

Abstract

The approaches of scholars to the definition of the concept and characteristics of the peculiarities of administrative procedures have been analyzed; the features of administrative procedures in the activity of courts have been provided and their significance has been revealed; the stages of administrative procedures in the activity of the courts have been established. It has been established that administrative procedures in the activity of the courts are a consistent procedure of administrative or organizational and regulatory activities of the court, judge or authorized person determined by the current administrative legislation for the adoption of a specific decision in a case or performance of management function. Accordingly, the features of administrative procedures in the activities of the courts are that they: are an expression of administrative activities of the authorized subject; are the realization of the competence of the authorized subject in relation to the implementation of the respective management functions; have a clearly defined form of external expression of state administration; have a standardized procedure for the implementation and application; provide an opportunity to determine / confirm the status of an authorized person for the implementation of the management function; have an individual orientation.

It has been proved that the significance of administrative procedures in the activities of the courts is that: to organizationally provide the activity of the courts; to ensure the rights, freedoms and legitimate interests of individuals and legal entities; to create a unified approach / algorithm of actions of authorized persons of a court for taking a management decision; to ensure publicity of the activity of the courts in the process of adopting and implementing organizational and administrative or managerial decisions; to enable powerless subjects to understand the procedure how they can exercise their right or how they will control the fulfillment of their duties; in the manner prescribed by law, to ensure compulsory execution of judgments; to ensure the efficiency of the court’s activity in accordance with international norms and standards.