Observance of the rules of administrative jurisdiction as a constitutional guarantee of judicial protection
| Autor: | M. Smokovych |
|---|---|
| Rok vydání: | 2022 |
| Zdroj: | Uzhhorod National University Herald. Series: Law. :322-327 |
| ISSN: | 2664-6153 2307-3322 |
| DOI: | 10.24144/2307-3322.2021.69.54 |
| Popis: | In the article, the author argues that the violation of the jurisdiction of the court can not be an insurmountable procedural barrier for the plaintiff in court proceedings related to the protection and restoration of his violated constitutional rights. This conclusion is based on the results of comparative legal analysis of the provisions of the CAS of Ukraine, the subject of legal regulation of which is to resolve the legal situation related to the legal fact of establishing the jurisdiction of a case of jurisdiction of the administrative court. The current CAS of Ukraine has regulate an exhaustive list of grounds for returning the statement of claim to the plaintiff, among which there is no such ground as «the case is not subject to this administrative court». It is stated that currently the CAS of Ukraine actually prohibits the administrative court from returning the statement of claim to the plaintiff if the court case is not within its jurisdiction. And rightly so. If the court establishes jurisdictional jurisdiction of a case to a certain administrative court, the plaintiff is not left alone with his case. The law require the administrative court to invite the plaintiff to take certain legally significant actions in order to provide real guarantees for the judicial protection of his rights and freedoms. This approach of the legislator is directly related to the need to ensure the optimal possibility of implementing the principles of legal certainty, access to justice, legality and the rule of law in general. The article have done concludes that certain issues of judicial administrative proceedings, which are related to the jurisdiction of cases, need to be legally regulated in order to overcome some legal uncertainty that the plaintiff may face in the court of first instance. |
| Databáze: | OpenAIRE |
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