Causes of judicial errors in administrative jurisdiction

Abstract

The paper examines the causes of judicial errors in administrative proceedings. It has been established that a judicial error in administrative proceedings is the result of judicial activity, which indicates the inability of the judiciary to effectively protect the rights, freedoms and interests of individuals, rights and interests of legal entities from violations by subjects of authority. A judicial error is recognized as an error regardless of the presence or absence of the fault of a particular judge who made a decision with an error made in it. The subject of the error, most often, makes it as a result of carelessness, self-confidence, unintentional actions, accidental error, etc. If a judge commits deliberate actions aimed at distorting the fundamental principles of administrative proceedings and grossly violating the rights, freedoms and interests of individuals or the rights and interests of legal entities, then he commits not a judicial error, but a criminal offense. Judicial errors are a serious obstacle to the effective functioning of the administrative justice system, as they provoke the occurrence of a number of consequences: loss of trust, resource costs, psychological losses. Judicial errors in administrative proceedings have a negative impact on the legal awareness of citizens, their psychological state, undermine the authority of the state in general and judicial bodies in particular, provoke significant financial and time costs, etc. In order to cope with the problem of judicial errors in administrative proceedings, the domestic justice system should strive to: eliminate defects in material and procedural legislation; reducing the workload of judges of administrative courts; bringing the number of judges and court staff to their regular number, etc.