ADMINISTRATIVE COURTS IN THE GUARANTEEING SYSTEM OF CONSTITUTIONAL SYSTEM OF UKRAINE

Journal Title: Проблеми законності - Year 2018, Vol 142, Issue 142

Abstract

The article proves the Constitutional System of Ukraine guaranteeing means sustainable legal secure and effective protection of the Constitutional values and principles integral aggregate, which are form the core of it. To such fundamental politic-legal values are belong: freedom and legal limitation of the state power, human rights and freedoms, the rule of the people, legal-state and the rule of law, separation of powers, as well as a variety of other major constitutional principles. The conclusion was made that the main constitutional value protected by the administrative tribunal is freedom of person in all of its aspects coupled with the main human rights and freedoms as its form of practical implementation. There were analyzed forms and legal arrangements of the constitutional system of Ukraine guaranteeing by the administrative courts. Proved that safe guaranteeing of the constitutional system of Ukraine by the administrative courts is performing in the first place through the judicial protection of human constitutional rights and freedoms as well as by provision of the practical operation of the authority limitation principle and democracy ruling, the legal state and the rule of law. The basis for appellation against actions or decisions of the state power authorities, local governments’ bodies, and its officers as a non-legal in the administrative court is actions or decisions made above its powers, made in unintended form or by unestablished means. Concluded that effective constitutional system guaranteeing could be made only the real independent, authoritative administrative courts system, the establishment of which is one of the main targets for the state-legal building in Ukraine.

Authors and Affiliations

Дмитро Кулешов

Keywords

Related Articles

Окремі питання судової практики визнання виконавчого напису нотаріуса таким, що не підлягає виконанню

<p><em>На підставі аналізу доктринальних джерел і матеріалів судової практики розглянуто питання захисту інтересів боржників у нотаріальних правовідносинах із вчинення виконавчого напису. Надано характеристику визнанню в...

Interaction and activity coordination of territorial customs bodies of the State fiscal service of Ukraine with local state administrations and local self-government bodies

This article is devoted to problematic aspects of the interaction and activity coordination of territorial customs bodies of the State Fiscal Service (SFS) of Ukraine, with local state administrations and local self-gove...

Mediation as an alternative method of public legal disputes solving

<p><em>The article deals with the problems of mediation in administrative legal proceedings. It is alleged that it is an effective alternative way of disputes settling. The authors pay attention on the problems that aris...

Legislative providing of introduction of single organ of management by regional forces of public law enforcement

The necessity of the legislative providing of introduction of general single organ of management is reasonable by regional forces of public law enforcement in Ukraine. Essence of single organ of management is exposed by...

CONCEPT OF FORMS AND LEGAL FUNCTIONS OF THE FUNCTIONING OF THE CONTROL SYSTEM AND AGAINST THE INTERACTION OF THE HIGHER AUTHORITIES OF THE STATE AUTHORITY

Different approaches to the understanding of the content of the form and legal means of functioning of the system of checks and balances in the relations between the higher state bodies are analyzed in the work. It is co...

Download PDF file
  • EP ID EP401501
  • DOI 10.21564/2414-990x.142.143551
  • Views 118
  • Downloads 0

How To Cite

Дмитро Кулешов (2018). ADMINISTRATIVE COURTS IN THE GUARANTEEING SYSTEM OF CONSTITUTIONAL SYSTEM OF UKRAINE. Проблеми законності, 142(142), 34-44. https://www.europub.co.uk/articles/-A-401501