作为司法控制对象的公共行政活动

O. Mykhailov
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引用次数: 0

摘要

本文的目的是确定司法控制在其他类型的国家控制中对公共行政活动的地位和特征。现已确定,对公共当局活动的控制包括立法和行政机构、其领土机构、国家合议制机构、地方国家行政当局、地方自治机构、法院和检察官办公室在监测遵守法律要求方面的活动(戒律、在这方面的司法控制是对公共当局活动的一种特殊类型的控制,其特点是它不是像由专门控制机构进行的控制那样长期或系统地进行,而只是在审议行政案件的过程中进行。根据司法管辖权的类型,这种类型的司法控制被区分为一般司法控制,或由一般法院在审理刑事、民事和行政案件期间进行的控制;专门的司法控制,或由专门(行政和经济)法院实施的控制;宪法司法控制,或由乌克兰宪法法院作为唯一的宪法管辖机构实施的控制。委员会确定,对公共行政部门的活动进行司法控制的理由应该是纯粹的法律性质,即检查合法性、遵守公民权利和自由的情况等等。已经确定,今天建立先进形式的司法控制是文明和民主社会客观需要的必然结果。这种管制有助于提高对公民的法律保护水平,并可作为评估国家机构行动合法性的标准。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Activity of public administration as an object of judicial control
The purpose of the paper is to determine the place and features of judicial control over the activities of public administration among other types of state control. It has been established that control over the activities of public authorities includes the activities of legislative and executive bodies, their territorial bodies, state collegial bodies, local state administrations, local self-government bodies, the court and the prosecutor's office with regard to monitoring compliance with legal requirements (precepts, norms) and preventing their violations in the future Judicial control in this context acts as a special type of control in the activities of public authorities, the peculiarity of which is that it is not carried out on a permanent basis or systematically, such as control by specialized control bodies, but only in the process of considering administrative cases. Depending on the type of judicial jurisdiction, such types of judicial control were distinguished as general judicial control, or control carried out by general courts during the consideration of criminal, civil and administrative cases; specialized judicial control, or control carried out by specialized (administrative and economic) courts; constitutional judicial control, or control carried out by the Constitutional Court of Ukraine as the only body of constitutional jurisdiction. It was determined that the grounds for conducting judicial control over the activities of the public administration should be of a purely legal nature, i.e. checking the legality, the state of compliance with the rights and freedoms of citizens, etc. It has been established that today the creation of advanced forms of judicial control is a necessity arising from the objective needs of a civilized and democratic society. This type of control contributes to increasing the level of legal protection of citizens and serves as a criterion for assessing the legality of actions of state bodies.
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