The interconnection between the procedural form and the lawsuit in administrative proceedings: theoretical and methodological aspect

Abstract

Introduction. Under such conditions, the administrative lawsuit and the procedural form are the basic and fundamental institutions of administrative justice, performing the function of a human rights instrument, providing judicial protection of the rights, freedoms and legitimate interests of citizens. The purpose of the paper is to carry out further scientific development of the categories «administrative lawsuit», «procedural form of administrative proceedings», their mutual influence, connection and correlation between the claim and the procedural form in administrative proceedings. Results. At the present time, the administrative lawsuit performs the function of a human rights instrument that ensures the initiation of judicial protection of the rights, freedoms, and interests of citizens against illegal decisions, actions, or inaction of subjects of authority, it is also used as a means of exercising the authority of subjects in the field of public law relations mediated by the relevant decision of administrative courts. The procedural form of administrative proceedings and an administrative lawsuit are aimed at protecting the rights, freedoms and legitimate interests of individuals, rights and interests of legal entities in the field of public legal relations. Conclusions. Adherence to the procedural form in administrative judicial activity and the claim procedural form are guarantees of ensuring the rights, freedoms and legitimate interests of the participants in the judicial process, and the validity of all decisions (decisions) made by the court.