Concept of principles of administrative proceedings and their system

Abstract

The article defines the principles of administrative proceedings. Attention is focused on the fact that ensuring consideration and resolution of public-law conflicts, which are the subject of an appeal to an administrative court, should be based on the application of the established system of principles of administrative justice. It is noted that without observing the principles, it is impossible to achieve the unity of judicial practice. The author substantiated that the meaning and essence of the principles of administrative proceedings in the modern conditions of European integration must be considered by comparing them with the category of principles of law and principles of public administration.
 Conventionally, the principles of administrative proceedings in the system of principles of law are classified as sectoral and inter-sectoral principles. The author justifies that the principles of the judiciary should be understood as guiding principles (ideas), the implementation of which helps to solve the tasks of the judiciary, to ensure the effectiveness of its means and methods. Administrative justice is characterized by the presence of special tasks, the main of which is the protection of human and citizen rights and freedoms against the arbitrariness of officials and officials of state authorities and local self-government bodies. It is the principles of the judiciary that must be implemented in a close relationship and interdependence; only the unity of implementation of judicial principles determines their ability to properly settle public legal disputes and conflicts. Each principle of administrative justice has its own clear purpose regarding the organization and operation of courts. All principles are mutually conditioned, they cannot be considered without taking into account the general unity. They act together, closely intersect, pass into each other and flow from each other. This can be explained by the fact that all principles are united by one common goal, namely, the proper organization of judicial bodies and their effective activity. Taken together, all principles create a certain system of basic principles of administrative proceedings. The system of principles of the judicial process is a complex of grouped provisions, which are characterized by the unity of goals and tasks of a set of independent in their content, but interrelated and objectively determined principles, forming precisely in this set such a qualitative unity, without which the corresponding type of judicial procedure loses its sense. The principles of administrative proceedings are the basis for all other rules in the administrative process, and therefore there should be exactly as many of them as the present requires.