Prerequisites for the Protection of Rights, Freedoms and Interests of the Participants of Administrative and Legal Relations in the Ukrainian Administrative Procedure: Content, Characteristics and Significance (original) (raw)

2018, Rocznik Administracji Publicznej

National legislation provides for a practical mechanism of the protection of rights, freedoms, and interests of participants of administrative and legal relations. The appeal to a court for protection of a person's and citizen's constitutional rights and freedoms is guaranteed directly on the basis of the Constitution of Ukraine (in its Article 8). Everyone is guaranteed the right to appeal against decisions, actions or inactions of state authorities, local self-government bodies, governmental officials and officers to the court. Everyone has the right to apply for the protection of their rights to the Commissioner of the Verkhovna Rada of Ukraine for Human Rights. Everyone has also the right to protect their rights and freedoms from violations and unlawful infringements by any means not prohibited by law (Article 55 of the Constitution of Ukraine). The task of administrative legal proceedings is to protect the rights, freedoms and interests of individuals, the rights and interests of legal entities in the field of public and legal relations against violations by state authorities, bodies of local self-government, their officials and officers, other subjects exercising their power administrative functions based on the legislation, including for the implementation of delegated powers through fair, impartial and timely consideration of administrative cases (Part 1, Article 2 of the Code of Administrative Court Procedure of Ukraine). Everyone has the right to apply to the administrative court under the procedure established by the Code of Administrative Procedure of Ukraine, if they consider that their rights, freedoms or interests have been violated due to a decision, action or inaction of the subject of authority (Part 1, Article 6 of the Code of Administrative Court Procedure of Ukraine). It is very common that individuals as well as legal entities are not able to take full advantage of these constitutional guarantees of the protection of