CONSTITUTIONAL BASIS FOR THE REALIZATION OF THE LAW ENFORCEMENT FUNCTION OF THE ADMINISTRATIVE COURT IN UKRAINE

Abstract

The article examines the constitutional foundations of the functioning of administrative courts of Ukraine in the context of their law enforcement function. The author analyzes the provisions of the Constitution of Ukraine which define the legal framework for the operation of administrative justice, and considers the role of administrative justice in protecting human rights from violations by public authorities. Particular attention is paid to the principles of constitutional judicial system and process which ensure the effectiveness of law enforcement activities of administrative courts. It is substantiated that the constitutional model of administrative justice in Ukraine is aimed at ensuring a balance between the public interests of the State and private rights of citizens. The constitutional consolidation of administrative justice as an independent branch of the Ukrainian judicial system was an important step in building a state governed by the rule of law and establishing the rule of law. Administrative courts perform a specific law enforcement function, which is to protect the rights, freedoms and interests of individuals and legal entities in the field of public law relations. The constitutional basis of this function determines not only the organizational structure of administrative courts, but also the principles, objectives and limits of their activities The relevance of the study of the constitutional foundations of the law enforcement function of an administrative court is due to several factors. Firstly, the process of reforming the judicial system of Ukraine continues, which requires a clear understanding of the constitutional model of administrative justice. Secondly, Ukraine’s European integration involves bringing national legislation in line with the standards of the Council of Europe and the European Union, in particular with regard to judicial protection of human rights. Thirdly, the practice of administrative courts demonstrates the need to further improve the mechanisms for implementing their law enforcement function at the constitutional level.