THE RIGHT TO JUDICIAL PROTECTION AND THE RIGHT TO FILE AN ADMINISTRATIVE CLAIM: CONSTITUTIONAL AND PROCEDURAL ASPECTS

Abstract

The article examines the correlation between the right to judicial protection and the right to file an administrative claim in an administrative court through the prism of constitutional guarantees and procedural provisions of the Code of Administrative Procedure of Ukraine. It is determined that the right to judicial protection has a broader meaning and encompasses the state-guaranteed possibility of a person to seek the restoration of violated rights, freedoms or legitimate interests in court, while the right to file an administrative claim is a procedural form of implementing this right in the sphere of public-law relations. It is substantiated that the personalized nature of judicial protection in public-law disputes requires the direct impact of the decision, action or inaction of the subject of power on the rights and interests of the plaintiff, which corresponds to the approaches of the Constitutional Court of Ukraine and the practice of the Supreme Court regarding the proper subject of appealing individual acts. The procedural mechanisms for ensuring the admissibility of an administrative claim at the stage of initiating proceedings (leaving the statement of claim without motion, returning the claim, refusing to initiate proceedings) as tools for implementing the principle of procedural orderliness and legal certainty have been studied. It has been shown that the application of these mechanisms must meet the criteria of proportionality and avoidance of excessive formalism so that procedural requirements do not turn into a disproportionate restriction of access to justice. The conclusion is made about the need for further scientific understanding of the limits and guarantees of the implementation of the right to file an administrative claim in the context of ensuring effective judicial protection and unity of law enforcement