The concept of the proper method of protection when challenging the decisions of subjects of authority in administrative proceedings

Abstract

The article reveals the meaning of the concept of the proper method of protection when challenging the decisions of the subjects of authority in administrative proceedings. The article examines judicial practice regarding the selection and application of the proper method of legal protection, highlights the relationship between such categories as the proper method of legal protection and the effective method of legal protection. It is concluded that, when appealing against the decisions of the subjects of authority, the appropriate method of defense is one that does not contradict the law, corresponds to the circumstances of the case and the purpose of judicial protection, and is also effective in disputed legal relations and will lead to effective protection of the violated right, freedom or interest . It is substantiated that the proper method of protection must meet the following criteria: sufficiency, enforceability, not to violate the rights or interests of other persons, not to contradict the law. Attention is drawn to the fact that the provisions of the Constitution of Ukraine, the European Convention on Human Rights and the practice of the European Court of Human Rights are the basis for determining the appropriateness of the chosen method of protection in the aspect that it does not contradict the law and ensures effective protection of the rights, freedoms and interests of the person in the event of an appeal decisions of subjects of power. The article reveals that the courts, when assessing the appropriateness of the chosen method of protection when challenging the decisions of the subjects of power, must also determine its effectiveness at the same time. It is proved that the courts, evaluating the appropriateness of the method chosen by the plaintiff to protect the violated rights, freedoms and interests when appealing the decisions of the subjects of authority, must also determine whether this method is effective, choosing the appropriate and effective method of protection, the court must be guided by the rule of law and the principle proportionality, which means that the choice and application of the method of protection of rights, freedoms and interests when challenging the decisions of subjects of power must be justified, justified and proportionate to the offense. It is concluded that the court should not reject the claim only because the method of defense chosen by the plaintiff is not provided for by law. In such cases, the courts should proceed from the general principles of protection of rights, freedoms and interests set forth in the Constitution of Ukraine and the Convention on the Protection of Human Rights and Fundamental Freedoms, the practice of the European Court of Human Rights.