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

Abstract

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.

Keywords

• administrative law
• administrative proceedings
• public legal dispute
• international standards
• european court of human rights