Protection of Human Rights and Freedoms in the Administrative Proceedings of the European Union

Oleksandr Rastorhuiev,Alla Pukhtetska,Irina Smaznova,Petro Makushev,Andriy Hridochkin

doi:10.20956/halrev.v7i3.3215

Abstract

Since there is a problem of forming a system of modern doctrinal knowledge on protection in administrative proceedings by individuals of their rights violated in public relations, the topic under research becomes relevant. The justice in national administrative cases requires qualitative improvement taking into account European experience. The purpose of the research is to form a uniform judicial enforcement in the field of public relations, establish the rule of law, and provide fair justice. The methodological basis of this study is a set of general scientific (dialectical, analysis, and synthesis), as well as special legal (historical, comparative law, consideration and interpretation of legal norms, formal-logical) methods of scientific knowledge. The practical significance of the obtained results is that the formulated theoretical provisions, proposals and recommendations can be used: in research to conduct further research on the problems of administrative proceedings in Ukraine, ways and means of effective protection of subjective rights of individuals; in law-making for further improvement in accordance with European principles of national legislation; in the law enforcement practice of judges of administrative courts of Ukraine for consideration and resolution of public law disputes, in the protection of their rights in administrative judicial specialization by citizens and legal entities.

Highlights

In the process of association with the European Union (EU), the study of relevant experience in the functioning of EU law and judicial bodies can be of great importance for improving the national legal framework and direct judicial protection of the rights and legitimate interests of individuals in relations with public administration
Administrative justice is an important guarantee of the legitimacy of the implementation of state and local authorities, their officials of the established powers; provides an opportunity to determine the quality of performance of duties established for officials; allows to implement the norms establishing the responsibility of state bodies and officials for non-performance or improper performance of their duties; contributes to the restoration of violated rights, freedoms and legitimate interests of individuals and legal entities
In order to understand the concept of European standards for the implementation of the principle of effective protection of individual rights and freedoms in the administrative proceedings of the European Union (EU), in our opinion, it is necessary to take into account the concept of European legal space

Summary

Introduction

In the process of association with the European Union (EU), the study of relevant experience in the functioning of EU law and judicial bodies can be of great importance for improving the national legal framework and direct judicial protection of the rights and legitimate interests of individuals in relations with public administration. Hasanuddin Law Rev. 7(3): 210-225 the protection of human rights and freedoms depends on the success of the process of implementation and convergence of European Union legislation, taking into account its content and its form. The experience of many European countries proves that administrative courts are an accessible and effective tool for protecting human rights, freedoms and interests from violations by public authorities and local governments. Judicial administrative control forms a full-fledged mechanism for protecting the state and society from illegal legal acts, decisions and actions of public authorities and officials. The principles of administrative justice are legal actions due to the socio-economic and political principles of the state and society, directly covered by legal norms or follow from their content and reflect the basic requirements for fair consideration and resolution of administrative cases

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