THE RIGHT TO APPEAL IN THE SYSTEM OF GUARANTIES OF THE IMPLEMENTATION AND THE PROTECTION OF THE ADMINISTRATIVE AND LEGAL STATUS OF A PRIVATE PERSON IN THE PUBLIC SPHERE
THE RIGHT TO APPEAL IN THE SYSTEM OF GUARANTIES OF THE IMPLEMENTATION AND THE PROTECTION OF THE ADMINISTRATIVE AND LEGAL STATUS OF A PRIVATE PERSON IN THE PUBLIC SPHERE

Summary/Abstract: The purpose of the article is to establish the content of the right to appeal in the system of guarantees for the implementation and protection of the administrative-legal status of a private person. Research methodology. Universal scientific research (analysis, synthesis, generalization) and interdisciplinary (structural-system) methods were used. Special attention was paid to the actual historical methods of scientific knowledge (the method of generalization and synthesis, the method of comparison and structural-logical connections). Thus, the creation and functioning of the administrative justice system is defined as a guarantee of the realization and protection of subjective public rights of a person in the public sphere. That is, the realization of the right to challenge the decisions, actions or inaction of subjects of power is a component of the “checks and balances” system, a kind of criterion for the effectiveness of the functioning of public service bodies. Reasoned by the author, that the above-mentioned subject jurisdiction of administrative courts shows that the subjective public administrative rights of a private person are protected in the procedure of administrative proceedings (in particular, the right to elect and be elected, including public service positions); subjective public service rights of a private person (the right to access public information, the right to receive an appropriate level of administrative services). The criteria for determining the subject jurisdiction of administrative courts include: 1) the nature of the dispute (depending on the presence of a private interest in the decision, action or inaction of the subject of authority, the dispute is considered either in the civil (with the participation of natural persons) or economic proceedings (with the participation legal entities), or in the order of administrative proceedings (if it is established that there is a public interest in the dispute); 2) subject composition of the dispute (disputes in which state authorities and local self-government bodies participate are usually considered in the order of administrative proceedings, however, for example, disputes with the participation of the Antimonopoly Committee of Ukraine, the Accounting Chamber can be considered in the order of commercial proceedings, when the subject of the dispute is a corporate interest).

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