СПРАВА АДМІНІСТРАТИВНОЇ ЮРИСДИКЦІЇ: ТЕОРЕТИЧНІ АСПЕКТИ РОЗГЛЯДУ ПРАВОВИХ СПОРІВ, ЩО ВИНИКАЮТЬ ІЗ ПУБЛІЧНО-ПРАВОВИХ ВІДНОСИН

Abstract

The author determined that the conflict of interests is that in substantive or procedural legal relations, according to the non-governmental entity, violates his subjective public interest in the implementation of subjective public (eg, the right to vote, civil service) or private law (for example, the right to land), the satisfaction of public (for example, the desire to use the road surface in excellent condition) or private interest (for example, the desire to become a lawyer). It is determined that the administrative court, resolving the dispute between the parties, promotes the settlement of incompatible or conflicting interests of the parties, protection of the subjective public interest of the non-governmental entity, its both public and private subjective rights. At the same time, the court also contributes to the protection of the procedure for the exercise by the subject of its public authority, which ensures the legality and protection of public order. It is noted that a person uses subjective public law to satisfy his personal (for example, registration of land rights) or public interests, needs (for example, the use of space for a rally). It is noted that the direct subject of protection in the administrative court is the subjective public right of a person to apply to public administration bodies, if the realization of another subjective right of a person (public or private) is impossible without interaction with the subject of power, which is obliged promote such implementation. A public law dispute covers only disputes about public law, ie about the protection of only subjective public law. Whereas, a dispute arising from a public-law relationship is caused by a violation of subjective public law and provides for the protection of the rights and interests of the individual, regardless of their legal nature (both private and public). The subject of jurisdiction of administrative courts is not all disputes arising from public law relations. The distinction between disputes to be considered in different types of proceedings should take place at the legislative level, taking into account the reasoned positions of leading scholars on the removal from a code of those provisions that prevent the precise determination of the jurisdiction of the court.