Ensuring the effectiveness of judicial control

Abstract

The theoretical, legal and applied aspects of the problem of ensuring the effectiveness of judicial control through the prism of the permissible limits of its implementation are considered. The relevance of this study is due to the fact that in the context of the growing role of administrative justice in the aspect of the formation of the democratic founda­tions of society, there is a need to increase the effectiveness of protecting the rights, freedoms and interests of the individual in public-legal relations with subjects of power. The indicator of such efficiency is of crucial importance for the formation of public trust in the institutions of public authority and confidence in the possibility of obtaining full and comprehensive protection of rights and interests in court in the event of a dispute with a subject of authority. The basis of this study is the hypothesis that the criteria for the effectiveness of judicial control in administrative proceedings are the restoration of the violated rights of a person, if such restoration is possible, or the provision of compensation for the damage caused by such a violation, as well as the prevention or minimization of the possibility of violating the same rights and interests of persons by a subject of government authority in the future. The author also suggested that the main indicator of the effectiveness of administrative proceedings is a high level of trust in the judiciary in particular and the state as a whole, since a feature of administrative proceedings is that it is admi­nistrative courts that are called upon to protect the rights and freedoms of a subject of private law in public – legal disputes or to protect socially significant interests. In order to verify and confirm the proposed hypothesis, the author applied a number of methods of a general legal and special legal nature. With the help of such methods as epistemological, analytical, deduction and induction, formal-legal, etc., the approaches of scientists in this field were investigated and summarized. Using the comparative legal method, the theoretical results and procedural legal mechanisms for achieving the effectiveness of judicial control were compared. Based on this comparison, the hypothesis put forward at the beginning of the study was confirmed.