Systemic and structural characteristics of the methods of protection when appealing decisions of subjects of authority in administrative proceedings

• Published in: Аналітично-порівняльне правознавство no. 5; pp. 311 - 314
• Main Author: Gorbalinsky, V.V.
• Format: Journal Article
• Language: English
• Published: 17.11.2023
• ISSN: 2788-6018; 2788-6018
• DOI: 10.24144/2788-6018.2023.05.56

The article, from the standpoint of a systemic approach, characterizes the methods of protection when challenging the decisions of subjects of authority in the administrative court of Ukraine. Approaches to classification have been studied. A classification of the methods of protection in case of appeal against the decisions of subjects of power in the administrative court of Ukraine is proposed. The article states that the study of methods of judicial protection when challenging the decisions of subjects of authority from the standpoint of a systemic approach will allow to reveal the entire system of methods of judicial protection of the rights and interests of persons in the field of public-legal relations, to investigate their differentiation according to various criteria, to highlight the interrelationships , as well as find out the content, structure and place in this system of methods of protection when challenging the decisions of subjects of power. It is noted that due attention was not paid to the implementation of the appropriate classification of methods of judicial protection in the science of administrative law. In the article, methods of judicial protection of the rights, freedoms and interests of individuals are divided into general, additional and special methods of protection. According to their target orientation, they are divided into those, the use of which: allows to confirm the right; allows to protect the right; stop violation of right or interest; allows to restore the violated right or interest, and (or) to compensate for the costs associated with their violation. According to the entities authorized to implement them, the methods of protection are divided into universal and other, which are used by the subject of power to protect the rights and interests of the state, society, and an undefined circle of persons in the field of public-legal relations. According to the consequences, the methods of protection are divided into repressive, restorative and compensatory.