PROCEDURAL MEANS OF JUDICIAL PROTECTION OF VIOLATED RIGHTS IN CASES OF PROVISION OF ADMINISTRATIVE SERVICES

Abstract

The content of the concepts of judicial protection, procedural means and methods of judicial protection in administrative proceedings, in particular when considering cases for the provision of administrative services, is studied. The author’s definition of the terms “judicial protection”, “means of judicial protection”, “procedural means of judicial protection” and “the method of judicial protection” is offered. Their relations and principles of application of procedural methods of judicial protection are considered, features of realization of judicial protection in cases on rendering of administrative services are allocated, the system and types of ways of judicial protection of the rights of the subject of the address for reception of administrative services are defined, improving the effectiveness of protection of violated rights. The concept of “violated rights of the subject of application for administrative services” as a basis for going to court for their protection, types of violations, interdependence of claims and methods of judicial protection, the factors influencing the choice of optimal and effective method of judicial protection and principles of application of procedural methods of judicial protection are considered. The complex approach of protection is substantiated regarding the full restoration of the violated rights and compensation for material and moral damage caused by illegal actions, inaction or decisions of the subjects of administrative services and bringing to disciplinary responsibility the guilty officials. It is also proposed to use other methods of judicial protection provided by the Law of Ukraine “On Consumer Protection” and the Commercial Code of Ukraine, such as fines and penalties. The author’s definition of the concept of claim and its types, in particular in cases of administrative services, is given. Proposals have been made to improve the norms of the CAS of Ukraine and the Law of Ukraine “On Administrative Services” on the protection of violated rights of subjects of appeal for the provision of administrative services.