CRITERIA FOR CLASSIFICATION OF METHODS OF PROTECTION OF VIOLATED RIGHTS IN ADMINISTRATIVE JUDICIAL PROCEEDINGS

Abstract

Introduction. Methods of protection of violated rights in administrative proceedings are a holistic and effective system designed to be applied to various factual circumstances related to the violation of rights, freedoms and legitimate interests of a person. In this regard, each individual method of protection, both directly provided for by law and in itself, can be effective only in a specific situation caused by an existing violated right or legitimate interest in the public legal sphere. A mandatory condition for providing legal protection by an administrative court is the presence of a corresponding violation by a subject of power of the rights, freedoms or legitimate interests of a person at the time of his appeal to the court. The violation must be real, affect (relate) usually individually expressed rights or legitimate interests of the person who claims their violation.

Summary of the main results of the study. It has been proven that the methods of protecting violated rights in administrative proceedings, which are applied to the actions of the relevant subjects of power, have their own specifics depending on this or that subject, which has a purely practical significance. Therefore, when it comes to the application of such a method of protecting violated rights as recognizing the actions of a military management body as unlawful and the obligation to refrain from committing certain actions, then in this case the following should be understood. First of all, the specifics of military legislation as an interconnected and orderly system of regulatory legal acts of Ukraine and current international treaties in the field of organization and functioning of the security and defense sector of Ukraine. Secondly, the status of military management bodies, because such bodies are understood by paragraph 18 of Article 1 of the Law of Ukraine "On the Defense of Ukraine" as the Ministry of Defense of Ukraine, other central executive bodies that manage military formations formed in accordance with the laws of Ukraine, the General Staff of the Armed Forces of Ukraine, other headquarters, departments, commands, permanent or temporarily established bodies in the Armed Forces of Ukraine and other military formations, designated to perform functions of management, within their competence, of troops (forces), formations, military units, military educational institutions, institutions and organizations that fall within the scope of management of central executive bodies, as well as territorial recruitment and social support centers that ensure the implementation of legislation on military duty and military service, mobilization training and mobilization. Thirdly, the peculiarities of military-service legal relations, which are related to the activities of military management bodies, and which determine the specifics of their actions, which should be taken into account within the framework of the consideration of an administrative case. Accordingly, there is reason to assert that the criterion of dividing the methods of protection by the subject of power has not only theoretical, but also purely practical significance.

Conclusion. The legislation provides for a variety of acts issued by public authorities and to which, in appropriate cases, specific methods of protecting violated rights in administrative proceedings may be applied. A properly scientifically substantiated classification of methods of protecting violated rights in administrative proceedings may serve as the basis for developing criteria for applying both those methods of protection provided for by the Code of Administrative Offenses of Ukraine and those not provided for by the Code.