CONCEPT AND CONTENT OF ADMINISTRATIVE-LEGAL SECURITY OF HUMAN AND CITIZEN’S RIGHTS AND FREEDOMS IN THE JUSTICE SYSTEM OF UKRAINE

Abstract

In the article, the concept is formulated and the administrative-legal provision of human and citizen rights and freedoms in the judicial system of Ukraine is disclosed. It is proved that this is a system of norms, principles, means, administrative procedures, and provisions of the administrative process aimed at defining, guaranteeing, and implementing a fair and effective protection by judicial bodies (primarily the system of administrative courts) of the rights and freedoms of humans and citizens from all types of public and private threats, the resolution of which is entrusted to the justice system of Ukraine by legislation. It is emphasized that the constitutional principles of administrative-legal provision of human and citizen rights and freedoms in the judicial system of Ukraine reflect the principles of the rule of law, judicial independence, equality before the law, the right to judicial protection, and the prohibition of any form of discrimination. It is confirmed that the judiciary has exclusive competence in resolving legal disputes and criminal charges, ensuring the independence of judges and the principles of fair trial, while the prosecutor’s office and the bar play a major role in ensuring the balance between public prosecution and legal assistance to citizens, ensuring effective protection of rights and freedoms. The disclosed European principles of administrative-legal provision of human and citizen rights and freedoms reflect important principles of fairness, accessibility, and independence of judicial bodies. It is proven that the legal provision of judicial protection of human and citizen rights and freedoms in the justice system of Ukraine should include the actualization of legal principles and foundations when they form the basis of judicial protection such as the rule of law, judicial independence, and the right to judicial protection. The role and place of administrative proceedings in the functional purpose of protecting the rights of individuals and legal entities, as well as controlling the legality of the actions of executive authorities, are determined.