Abstract
The article, based on current legislation, examines the formal grounds of jurisdiction in administrative proceedings. The object of the study is the set of administrative procedural legal relations that arise in relation to the competent court. The subject is the regularities of the emergence and development of administrative procedural legal relations regarding the jurisdiction of a legal case, which is caused by a dispute in the field of public administration. The methodology of the article is built on the basis of objectivity and systematicity of scientific analysis, which are based on general scientific and private scientific methods of cognition: dialectical, historical, formal-logical, comparative-legal, structural-systemic and other methods of scientific research. The incompleteness and inconsistency of legal norms regulating one of the conditions for the implementation of the right to judicial protection - the issue of jurisdiction, practically create obstacles to the application of legal means of implementing this right. It is noted that the effectiveness of the functioning of the judicial system depends on the constructive resolution of controversial issues of jurisdiction at the legislative level, since the algorithm for determining the competent court is directly related to the balanced distribution of the burden on the judicial authorities and the implementation of the principle of accessibility of justice. Spheres of action of the institution of jurisdiction in administrative proceedings: vector, subject, territorial. Different subject jurisdiction of cases should assume a different procedure for consideration, since an error in jurisdiction actually entails the error of the entire procedural form. The concept of civil jurisdiction is determined not only around cases assigned by law to consideration in the first instance of a particular court, but by the scope of the rights and obligations of a particular court to consider and resolve the case, as well as the obligation of the parties to submit to the activities of the court that accepted the case for its proceedings. Otherwise, its content regarding jurisdiction cannot be fully disclosed. An essential feature of jurisdiction is the delimitation of competence between courts of first instance regarding the consideration and resolution of a specific administrative case.
Published Version
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