METHODOLOGICAL AND ANTHROPOLOGICAL PRINCIPLES OF RESEARCH AND INSIGHT OF THE RIGHT TO ADMINISTRATIVE CLAIM

Abstract

Problem setting. This article focuses on establishing the conceptual and methodological basis and anthropological foundations of research and full understanding of the right to administrative claim. Adequate level of protection of the right to an administrative claim is one of the most important elements of the right to judicial protection in the field of public legal relations. The category of “right to an administrative claim” is inextricably linked with the right to judicial protection in administrative proceedings, because the right to an administrative lawsuit includes those elements of the right to judicial protection which determine the specificity of the exercise of that right in an administrative proceedings.

Target of research. The purpose of the study is determining the methodological basis for the study of the right to an administrative claim.

Analysis of recent researches and publications. The following scientists analyzed separate aspects of the administrative claim in their researches: A. Yu. Osadchy, I. O. Kartuzova, M. Dzhemileva, K. M. Kobilyansky, O. V. Constantia, M. S. Rybak, T. O. Kolomoets, E. Yu. Swed, N. V. Mostova.

Article’s main body. The methodological basis of scientific understanding of the right to administrative claim was proposed. The established set of principles, methods, and concepts enables a comprehensive, objective study of the theoretical- legal basis of the right to an administrative claim. The methodological tools which enable to study the concept, legal nature, structure and the meaning of the right to administrative claim were systemized.

The methodology of scientific knowledge of administrative claim is purposeful cognitive activity, which consists of the interaction of the following components: 1) objects of knowledge - forms of protection of legal rights, freedoms and interests of subjects of administrative justice; 2) the subject matter, which is determined by the object of knowledge – an administrative claim; 3) specific methods and means of cognition; 4) goals aimed at achieving true and credible, systematic and objective knowledge capable of becoming part of law enforcement practices in the future; 5) the results of cognition, which are expressed in laws, theories, scientific hypotheses.

Considering the universal, most general elements of the right to judicial protection, which are distinguished by the practice of the European Court of Human Rights, in view of the normative model of administrative justice defined by the Code of Administrative Procedure of Ukraine the elements of the right to judicial protection in administrative lawsuits include: the right to an independent and impartial tribunal; the right to file an administrative claim; the right to participate in a trial; the right to satisfy the claim; the right to appeal against appeals and cassation, as well as the right to enforce final and binding judgments.

Conclusions and prospects for the development. Adhering to a single notion of an administrative claim, you can define the right to an administrative claim as a combination of the two powers of the claimant - the right to file a claim and the right to satisfy a claim.