Open AccessThe grounds and conditions of securing a claim in administrative proceedings
Author(s) -
Olena Yara,
Kravchuk O.V.
Publication year - 2021
Publication title -
law. human. environment
Language(s) - English
Resource type - Journals
eISSN - 2663-1369
pISSN - 2663-1350
DOI - 10.31548/law2021.02.012
Subject(s) - lawsuit , discretion , administrative law , law , enforcement , political science , action (physics) , law and economics , proportionality (law) , judicial review , administrative discretion , business , sociology , physics , quantum mechanics
The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim