JUDICIAL CONTROL IN ADMINISTRATIVE JUDICIAL PROCEEDINGS AS A CONSTITUTIONAL GUARANTEE OF THE PROTECTION OF RIGHTS IN THE PUBLIC LEGAL SPHERE

Abstract

The article examines judicial review as one of the key functions of administrative justice, which ensures compliance with the principles of the rule of law, legality and justice in relations between public authorities and private individuals. It is indicated that in a democratic state governed by the rule of law, judicial review serves as a tool that guarantees the protection of the rights, freedoms and interests of citizens from possible abuse or excess of powers by state authorities, local governments or other subjects of power.The problems of the boundaries of judicial review are highlighted, which include, in particular: 1) the delimitation of discretionary and non-discretionary powers; 2) uncertainty in matters of a political nature;3) limited access to information; 4) the risk of excessive interference in the activities of government bodies.Attention is drawn to the fact that in their activities, administrative courts are guided by a number of principles that determine the boundaries and procedure for exercising judicial control. Such principles include, first of all, the following: the principle of the rule of law, since the court must ensure that the decisions of public authorities comply with the Constitution of Ukraine and the laws of the state; the principle of presumption of legality of the actions of public authorities, since judicial control cannot be transformed into interference with the discretionary powers of government bodies if such actions are carried out within the framework of the law; the principle of proportionality – the court must necessarily take into account the balance between public interests and individual rights; the principle of independence of the court, given that the administrative court is not subordinate to the executive authorities and acts exclusively within the framework of the legislation.The conclusion is made that the effectiveness of judicial review depends on compliance with a number of principles, in particular those mentioned above, as well as on the state’s readiness to constantly improve the mechanisms of legal regulation. In this context, it is necessary to continue research into the theoretical and practical aspects of judicial control to ensure its compliance with modern challenges and needs of society.