LEGAL NATURE OF JUDICIAL CONTROL OVER THE ACTIVITIES OF THE PUBLIC ADMINISTRATION: CERTAIN THEORETICAL AND LEGAL ASPECTS

Abstract

Abstract. This scientific article is devoted to the study of the legal nature of judicial control over the activitiesof public administration. An analysis of scientific approaches to the understanding of judicial control as a typeof state control activity, based on which it is determined that judicial control cannot be considered as a separate formof judicial power, because in this case, exercising judicial control, courts do not administer justice. It is concludedthat judicial control is part of the court’s activities in the administration of justice and should be considered asa function of the judiciary, which is exercised through justice and manifested in various types of justice. It isemphasized that the role of the court’s supervisory powers is determined by the functions that the judiciary is calledupon to perform in the administration of justice in the state. The peculiarity of judicial control is that it is carriedout in the consideration and resolution of cases on the grounds provided by law in accordance with the proceduresprescribed by law.Based on the analysis of scientific approaches to understanding judicial control over the activities of publicadministration, the latter is proposed to understand the activities of the court to administer justice for compliance ornon-compliance of acts and actions (inaction) of relevant bodies and officials. Features of direct and indirect types of control are determined. Emphasis is placed on the fact that direct judicialcontrol is characterized by the following features: controlled entities are subjects of public administration, a specialsubject of judicial review, a special procedure for reviewing the implementation of this type of judicial control.It is emphasized that the subject of control and the specifics of the courts determine the specifics of the purposeof judicial control. These features are that the control is carried out primarily on the legality of administrative actions(inaction) of public administration, which are in management relations with individuals or legal entities, as wellas the fact that control over the activities of public administration is conditioned by the special purpose of justicewhich is the settlement of disputes. This means that judicial control is expressed in the restoration of violated rightsand interests of citizens or legal entities as a result of resolving the dispute.