Issue: № 4, 2024
Doi: https://doi.org/10.37634/efp.2024.4.5
Аn administrative claim in general and the right to satisfy an administrative claim in particular are basic and fundamental institutions of administrative justice, performing the function of a human rights instrument, ensuring judicial protection of the rights, freedoms and legitimate interests of citizens. The concept, legal nature and structure of the right to satisfy an administrative claim acquire special importance. After all, the motivation of the right to judicial protection and the right to appeal to an administrative court is the satisfaction of the plaintiff's administrative claim. In order to exercise the right to satisfy an administrative claim, it is not enough just to present an administrative claim. The claim must be substantiated by factual data in accordance with the procedure prescribed by law. Thus, the grounds necessary for the realization of the right to satisfy an administrative claim are: 1) the existence of the right to present an administrative claim; 2) compliance with the term of appeal to the administrative court or the seriousness of the reasons for its omission; 3) provenance of the grounds of the administrative claim; 4) legal validity of the administrative claim. The right to the satisfaction of an administrative claim is understood as the right of the plaintiff to demand from the administrative court a positive judgment for him on the merits of the claims, provided that the grounds of the administrative claim are well-founded in compliance with the norms of substantive law and the term of appeal to the court or the seriousness of the reasons for its omission.
Keywords : аdministrative proceedings, administrative lawsuit, appeal to court, substantive legal claim, right to sue, right to satisfy administrative lawsuit, lawsuit proceedings, grounds of right to satisfy administrative lawsuit, holism, dialectics
References:
1. Bernaziuk Ya.O. Resolution of administrative disputes between subjects of authority. Supreme Court. URL: https://supreme.court.gov.ua/userfiles/media/new_folder_for_uploads/supreme/2023_prezent/Spori_SVP_prezent.pdf (in Ukrainian).
2. Huivan P.D. The right to sue: material and procedural aspects. URL: http://www.spilnota.net.ua/ua/article/id-3058/ (in Ukrainian).
3. Information letter of the Higher Administrative Court of Ukraine dated November 1, 2011 No. 1936/11/13-11. URL: http://www.vasu.gov.ua/ua/generalization_court_practice.html?_m= publications&_t=cat&id=106 (in Ukrainian).
4. Kartuzova I.O. The concept, types and consequences of missing the deadlines for appeal to the administrative court. Legal Bulletin. 2014. No. 1. pp. 190-197. (in Ukrainian).
5. Code of Ukraine on Administrative Offenses dated 07.12.1984 No. 8073-Х. Information of the Verkhovna Rada of the Ukrainian SSR. 1984. Add. to No. 51. Art. 1122. (in Ukrainian).
6. Konstantyi O.V. The right to protection in the administrative proceedings of Ukraine. Legal scientific electronic journal. 2021. No. 9. pp. 154–157. URL: https://doi.org/10.32782/25240374/2021-9/37 (in Ukrainian).
7. Constitution of Ukraine dated 28.06.1996 254k/96-VR. News of the Verkhovna Rada of Ukraine. 1996. No. 30. Art. 141. (in Ukrainian).
8. Luchenko D.A. Administrative lawsuit as a procedural form of protection of the rights of individuals and legal entities in administrative proceedings. Bulletin of the National Academy of Legal Sciences of Ukraine: coll. of science works. 2013. No. 4 (75). pp. 88-96. (in Ukrainian).
9. Luchenko D.A. The legal nature of the claim in administrative proceedings. Law of Ukraine. 2019. No. 4. pp. 148-158. (in Ukrainian).
10. Basics of administrative proceedings and administrative law / ed. R.O. Kuibida, V.I. Shyshkin. Kyiv, 2016. 543 p. (in Ukrainian).
11. Pidluzhnyi V.M. Doctrine of locusstandi: emergence and evolution in administrative law. Scientific Bulletin of the Uzhhorod National University. The Law series. 2023. Issue 80. Part 1. pp. 537-545. (in Ukrainian).
12. Resolution of the Supreme Court dated September 11, 2023 in case No. 320/258/19. URL: https://reyestr.court.gov.ua/Review/113405944 (in Ukrainian).
13. Smokovych M.I., Bevzenko V.M. Administrative process of Ukraine: theory, practice. Kyiv, 2020. 1346 p.14. (in Ukrainian).
14. Impact of liberalisation of locus standi on social justice in international human rights: analytical study / S. Mishra et al. International journal for multidisciplinary research. 2023. Vol. 5, no. 4.