在婚姻状况下保护行政管辖范围内的人权和自由

Yu.M. Koltun
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摘要

该条涉及在戒严法下的行政诉讼中保护个人和公民的权利、自由和合法利益。文章认为,在某些紧急情况下,公平审判权是一项非限制性权利。在戒严条件下,落实法庭无障碍原则是社会、公民个人以及公共当局和整个国家有效运作的关键因素之一。有观点认为,司法保护权在战争期间至关重要,假设对其加以限制,可能会引发政府的非法性、内乱,以及广义上的无政府状态和对法治的践踏。事实证明,即使在困难的政治和法律环境下,由于包括行政诉讼在内的运作具有连续性,法律制度也是遵守合法性要求的不变机制。在战争条件下,当公众参与政治进程的许多民主形式受到限制时,只有行政司法作为一种机制,可以让你反对这种行政管理的 "主导范式",并能够解决公众的要求,克服政府与社会之间可能存在的不和谐,并根据最新的挑战和要求使社会关系正常化。因此,整个司法系统,特别是行政司法系统的有效和适当工作,为在戒严条件下维护民主法制国家的政策创造了一个 "平台"。报告还指出,行政司法在战争期间的作用也很有价值,因为法院判决加强了国家权力机关的决定,并形成了权力主体和其他主体的正确执法实践。研究指出了战争条件下行政司法运作的三个最重要问题:领土可达性、安全威胁和程序性困难。研究认为,电子政务已成为行政司法系统应对军事威胁的有效机制。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state
The article deals with the protection of the rights, freedoms and legitimate interests of a person and a citizen in administrative proceedings under martial law. It is argued that the right to a fair trial is a non-limiting right during certain emergencies. In the conditions of martial law, the implementation of the principle of court accessibility is one of the key factors for society, individual citizens, and for the effective functioning of public authorities and the state in general. It is argued that the right to judicial protection is critically important during war, and its hypothetical restriction could provoke the illegitimacy of the government, civil unrest, and in a broad sense, anarchy and violation of the rule of law. It has been proven that the legal system acts as an invariable mechanism for compliance with the requirements of legality, even in difficult political and legal circumstances due to the continuity of functioning, including administrative proceedings. In the conditions of war, when many democratic forms of public participation in the political process are limited, only administrative justice acts as the mechanism that allows you to oppose this "dominant paradigm” of executive management and is able to resolve public requests, overcome possible dissonances between the government and society, and normalize social relations according to the latest challenges and requests. Therefore, the effective and proper work of the judicial system as a whole, and especially of the administrative judiciary, creates a "platform” for preserving the policy of a democratic, legal state in conditions of martial law. It is also indicated that the role of administrative justice during the war is also valuable in that court decisions strengthen state-authority decisions and form proper law enforcement practice for subjects of power and other subjects. The three most significant problems of the functioning of administrative justice in the conditions of war are singled out: territorial accessibility, security threats and difficulties of a procedural nature. It was determined that electronic governance has become an effective mechanism for countering military threats to the administrative justice system.
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