СИСТЕМА ГАРАНТІЙ ЗАХИСТУ СУБ’ЄКТИВНИХ ПУБЛІЧНИХ ПРАВ

Abstract

The article examines the history of the development and formation of Administrative Justice as a guarantee of protection of subjective public rights in Ukraine. It is determined that the intensification of European integration processes in Ukraine justifies the expediency of creating a system of effective means of protection of human rights and freedoms, where a special place is occupied by the system of administrative justice. It is emphasized that the right to access to justice and a fair trial is one of the main features of the rule of law. It is emphasized that the history of the development of the system of administrative justice for the countries of Eastern and Central Europe is relatively short. The purpose of this study is to characterize the history of the formation of administrative justice as a guarantee of protection of subjective public rights of individuals in Ukraine. The author concludes that for several decades the development of administrative justice has been characteristic of the national legal system. The author determined that the Ukrainian national legal system has the characteristic features of the desire to create conditions for the management function of the state on the basis of transparency, openness of administrative acts, guaranteeing the subjective public rights of the individual. The author emphasizes that the formation of the Ukrainian legal system was influenced by both the peculiarities of national historical and legal development and the European legal tradition, in particular, such states as Austria-Hungary and France. It is concluded that in accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms of Human Rights, the need to create national systems to guarantee the right of everyone to a fair trial in determining the state (apparatus of power) protection, first of all, of the basic human freedoms guaranteed by this international legal act: freedom of thought, conscience and religion (Articles 9-1); to freely express views, receive and disseminate information and ideas without state intervention (Articles 10-1); to freedom of peaceful assembly and freedom of association with others (Articles 11-1).