THE EUROPEAN STANDARD (PRINCIPLE) OF EFFECTIVE LEGAL PROTECTION IN THE FIELD OF ADMINISTRATIVE PROCEEDINGS: EXPERIENCE FOR UKRAINE

Abstract

The article analyzes the most relevant aspects of the European standard (principle) of effective legal protection in the field of administrative proceedings. It is noted that this principle establishes the most important patterns of the process of resolving legal disputes in the field of public legal relations. It is mentioned that the working legal systems of the developed European countries were taken as a basis for the formation of administrative justice in Ukraine. The European standards in the field of administrative proceedings are defined as rules, principles, criteria and recommendations which are contained in the acts of different nature in the field of justice. It is proven that the principle of effective legal protection is a component of the standards of administrative proceedings, as it is intended to ensure and enhance rights and freedoms during the resolution of disputes with subjects of public administration. It was noted that the principle of effective legal protection was reflected in the Treaty on the European Union of 1992, the Charter of Fundamental Rights of the European Union of 2000, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, as well as in the practice of the European Court of Human Rights. It is found out that the standard (principle) of effective legal protection provides the following: the possibility of taking preventive measures, decisions that would prevent potential harm from administrative actions; the power of the instructions of the administration to take administrative actions and make decisions; the possibility of preventing decision-making and administrative actions, including in cases where the administration has limited administrative discretion, when there are reasons to consider that the administration excessed its powers. It is concluded that the European standard of effective legal protection in the field of administrative proceedings is viewed as one of the main principles of judicial review of administrative acts in the European countries. It is emphasized that this standard is designed to guarantee the granting of the powers to the court in order to take the necessary measures to correct the situation to comply with the legislation. The author proves that the further reform of administrative justice in Ukraine is impossible without taking into account the experience of the countries of the European Union, in particular in the field of implementation of the principle of effective legal protection.