Bondarenko A. Standards of the right of access to court and fair trial in administrative proceedings

DOI: 10.33098/2078-6670.2023.15.27.2.81-87

Purpose. The purpose of the work is to clarify the content of the standards of the right to access to court and a fair trial in administrative proceedings, as well as to analyze the role of the European Court of Human Rights in the sphere of regulation of these standards. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and proposals. Such methods of scientific knowledge were used: dialectical, analysis, synthesis, formal-legal, structural, comparative-legal. Results: in the process of research, it is proposed to consider the standards of administrative proceedings as a constituent element of international standards of human rights and freedoms, which aim to increase and ensure the effectiveness of judicial protection of human rights and fundamental freedoms in the process of resolving disputes, one of the parties of which is the subject of power. An analysis of the role of the European Court of Human Rights in the sphere of regulation of administrative process standards was carried out. It was concluded that the harmonization of regulations in the field of defining the standards of the right to access to court and a fair trial will contribute to the creation of a single European legal space. Originality. In the process of research, it was established that the standards of the right to access to court and a fair trial constitute the minimum level of ensuring the rights of a person in the judicial process, as well as the presence of characteristic features of their application in the consideration of administrative cases. Practical significance. The results of the research can be used in law enforcement activities in the process of improving the current administrative procedural legislation of Ukraine, as well as in law enforcement activities during the judicial protection of violated individual rights in relations with public authorities.

Key words: administrative law, administrative proceedings, public legal dispute, international standards, European Court of Human Rights, access to justice.

References

1. Luts, L.A. (2003). Yevropeiski mizhderzhavni pravovi systemy ta problemy intehratsii z nymy pravovoi systemy Ukrainy (teoretychni aspekty) [European interstate legal systems and problems of integration with them of the legal system of Ukraine (theoretical aspects)]. K. In-t derzhavy i prava im. V.M. Koretskoho NAN Ukrainy. (in Ukrainian)

2. Andrunevchyn, O.M. (2009). Yevropeiski standarty zakhystu prav i svobod hromadian ta yikh zastosuvannia v administratyvnomu sudochynstvi Ukrainy [European standards for the protection of the rights and freedoms of citizens and their application in the administrative proceedings of Ukraine]. Naukovyi visnyk Lvivskoho derzhavnoho universytetu vnutrishnikh sprav, 4, 136–144. (in Ukrainian)

3. Pasternak, V.M. (2017). Yevropeiski standarty administratyvnoho sudochynstva. [European standards of administrative proceedings]. Pravo i suspilstvo, 2, 106–112. (in Ukrainian)

4. Prokopenko, O.B. (2011). The right to a fair trial: PhD thesis abstract. Kh. (in Ukrainian)

5. Convention on the Protection of Human Rights and Fundamental Freedoms (1950, November 04). Ofitsiinyi sait Verkhovnoi Rady Ukrainy. Retrieved from https://zakon.rada.gov.ua/laws/show/995_004 (in Ukrainian)

6. Fulei, T.I. (2015). Zastosuvannia praktyky Yevropeiskoho sudu z prav liudyny v administratyvnomu sudochynstvi [Application of the practice of the European Court of Human Rights in administrative proceedings]. K.. (in Ukrainian)

7. Case of Plakhteev and Plakhteeva v. Ukraine: decision of the European Court of Human Rights (application № 20347/03) (2009, March 12). Ofitsiinyi sait Verkhovnoi Rady Ukrainy. Retrieved from https://zakon.rada.gov.ua/laws/show/974_471 (in Ukrainian)

8. Case of  Menshakova v. Ukraine: decision of the European Court of Human Rights (application № 377/02) (2010, April 8). Ofitsiinyi sait Verkhovnoi Rady Ukrainy.Retrieved from https://zakon.rada.gov.ua/laws/show/974_766 (in Ukrainian)

9. Case of  : decision of the European Court of Human Rights, (application № 4909/04) (2010, February 10). Ofitsiinyi sait Verkhovnoi Rady Ukrainy.Retrieved from https://zakon.rada.gov.ua/laws/show/974_672 (in Ukrainian)

10. Case of Seryavin and others v. Ukraine: decision of the European Court of Human Rights (application № 48553/99) (2002, July 25). Ofitsiinyi sait Verkhovnoi Rady Ukrainy. Retrieved from https://zakon.rada.gov.ua/laws/show/980_043 (in Ukrainian)