The principle of operation as a procedural tool of administrative jurisdiction

Abstract

Introduction. By its very nature, administrative proceedings can be considered the main tool for protecting the rights and interests of individuals and legal entities in the public legal field against violations by subjects of authority. Such protection must be based on a fair, impartial and timely hearing. A legal and well-founded decision of the court, which resolves the dispute on the merits, may lose its significance or significantly reduce its importance for the protection of the rights of the individual, if it is adopted with an unreasonable delay. The main direction in the development of the modern administrative process in most countries of the world is characterized by the optimal ratio of the procedural activities of the parties and the court. The classic model of competitiveness is inferior to another model, the essence of which is the implementation of the ideas of judicial economy.

In the science of the administrative process, the time limits of the process are associated with the implementation of the requirements of efficiency, speed, concentration, and procedural economy. These concepts determine the place and meaning of procedural terms in the mechanism of legal regulation of procedural legal relations and are related to the fulfillment of the task of timeliness of judicial protection, enshrined in Art. 2 of the Code of Administrative Procedure of Ukraine.

Short list of main results. The article is devoted to the study of the concept and essence of the principle of efficiency as a procedural tool in the administrative proceedings of Ukraine. It has been established that the importance of this principle is due to the constant dynamics and specificity of the administrative process, changes in socio-economic conditions in the state, and the desire to raise the national standards of the judiciary to European standards. It is justified that the principle of efficiency is reflected in the content of procedural norms of administrative legislation.

Conclusions. The principle of efficiency is an independent principle of administrative proceedings that requires immediate legal regulation in procedural legislation.