ПРИНЦИПИ ЄВРОПЕЙСЬКОГО АДМІНІСТРАТИВНОГО СУДОЧИНСТВА

Abstract

The article examines the principles of European administrative justice in the context of the European Convention on Human Rights, the recommendations of the Committee of Ministers of the Council of Europe and the case law of the European Court of Human Rights and other international legal acts on the protection of human rights and freedoms. The methodological basis is the dialectical method of cognition. Given the complexity of the research subject, systematic logical, historical, sociological, linguistic, comparative and other research methods used. The principles of: effective legal protection, independence of the court and courts are characterized; fair trial; equality of procedural opportunities; disclosure of materials, competitive hearing; public announcement of a court decision, hearings in the process (right to be heard); public hearing; mandatory execution of a court decision. It noted that the principles of European administrative justice establish the regularities of the process of resolving public legal disputes in the field of public administration. European principles in the field of administrative proceedings defined as principles contained in acts of different legal nature in the field of justice, protection of human rights and freedoms. The principle of effective legal protection is fundamental in the system of principles of administrative proceedings, as it intended to ensure rights and freedoms in the process of resolving disputes in the sphere of public administration. The principles of European administrative justice are a systemic entity, interconnected and complementary. The legal system is a multidimensional phenomenon from the standpoint of both structure and functional orientation, development of internal and external relations. Because of this, it needs an adequate conceptual and categorical definition. In this regard, the situation in the theory of law is unsatisfactory. This is a structured organization of legal norms, united based on the subject, method and principles of legal regulation in the field of administrative proceedings for the effective regulation of social relations in public administration.