Адміністративно-правова характеристика судових рішень

Abstract

The article proves the relevance of the study of the administrative and legal characteristics of court decisions in view of modern significance of the solution to this scientific problem, which is determined by the expression of legal reality within the scope of the administration of justice. This will provide an opportunity not only to substantiate the understanding of the phenomenon of justice as a way of exercising judicial power from the point of view of administrative law, but also to identify areas that need improvement. In this context, one of these areas is judicial decisions, because the modern interpretation of law as a system that regulates relations in the subsystems "man – man", "man – society" and "man – state" accumulates anthropological and humanistic dimensions. Therefore, the court, as an institution aimed at resolving disputes arising in these subsystems, is called upon to issue primarily legally based decisions. During the analysis of the declared issues, it was found that on the basis of the understanding of the administrative and legal principles of court decisions, the possibility of researching still unresolved legal problems of the judiciary, including the legality of such decisions as the concept of legal reality, raising the level of legal awareness, and forming law-abiding behavior, is actualized. Moreover, it makes it possible to assert that the higher the level of law and order in the state, the lower the level of crimes. Therefore, the article emphasizes the importance of recognizing that each of the participants in the legal process – the plaintiff and the defendant, has the right to submit data on the basis of which the court can draw conclusions about the presence or absence of signs of an offense in the actions (inaction) of the parties and force the participants in the legal process to perform certain actions. Under such conditions, the thesis is confirmed that the number of offenses is lower in those countries where the level of law and order is consistently high, and, therefore, the number of appeals to court to restore violated rights and freedoms is much lower than in those countries where the level of law and order is lower. Thus, the article makes it possible to state that in such states a significant percentage of the population consciously builds their behavior in accordance with the requirements of the law, and relations in the subsystem "man - state" are based on the principles of legality, mutual respect, recognition of a man as the greatest value of the state, etc. The legal order, which directly affects the presentation of evidence in administrative proceedings, is also well-founded, since the number of people who are consciously guided in their behavior by the requirements of the law increases every time, and, accordingly, these people do not allow violations of the law or violations against themselves in their professional activities from the side of public administration; constant development of legislation, reforming of the domestic legal system contributes to the emergence of the need for a man to deepen his legal knowledge.