Concerning the genesis of the right to appeal against decisions, actions or omissions of customs authorities

Abstract

The Institute appeals to citizens of unlawful decisions, actions or inaction of executive bodies, in particular, the customs authorities, their officials and officers in Ukraine, is associated with the creation of such a form of protection of citizens ' rights in the sphere of executive power, as Administrative Justice.
 In the spheres of the public-right in the "non-vicar" to visquisti (shave) the organs of viconavcho vladi, with one side, that physical and legal persons - with the yunsh. The subject of the "rischennya," the d'chi's lack of respect for the sub'kt, yak, the dumque of the "nsho" side of the administrative-right-in-the-dnosins, which will be incharge with the rights of chi buried by the law of the "entersi." The virtin of such conflicts (disputes) is to be found in the regulatory rules of the legal forms. The main mechanisms of the regular-season are the forms of the zahist sub'qictic rights of the legal osib, The Oscar-winning organ in the visonaucho slather, in that case of the mitrich's organs in Ukraine, in the administrative order ( adminstration of the Oscar-gen) that administrative-process (ship's) order.
 The right to appeal is one of the remedies for other subjective rights, however it has an independent value and also needs protection. To guarantee the protection of the right of a person to appeal shall be legally provided the possibility of the person to protect the right to the competent authorities of the State or officials, in particular, the customs authorities in case of unjustified creation of obstacles to Rights to appeal, restriction or deprivation of this law.
 The article examines quite topical and controversial issues this is the development process in Ukraine of the right to appeal against decisions, actions or inaction of executive bodies, in particular the customs authorities. The analysis of legislation on this matter and scientific literature allowed: to determine the genesis and the essence of the right to appeal against decisions, actions or inaction of the bodies of executive power, including customs authorities; To conclude that the right to appeal acts as a legal guarantee of human rights. The need to exercise this right arises only when other human rights are violated. Therefore, the democratic State laid duty to provide the maximum possible availability of administrative and legal appeals for individuals and legal entities (creation of the necessary regulatory framework and institutions in the State apparatus , conducting explanatory work among citizens, etc.).
 Also, the exercise of the right to appeal may be preceded by a person's protection to protect their rights to international bodies and institutions whose jurisdiction is recognized by Ukraine (for example, judicial appeal against decisions, actions or inaction of the subject of powers, if It has not led to satisfaction of violated rights, is a prerequisite for appeal to the European Court of Human Rights).
 Appeal procedures ensure social control over the state apparatus, and allow the latter to quickly correct their own activities in accordance with the social requests and needs.