PECULIARITIES OF LEGAL REGULATION OF SUBJECTS OF POWER IN ADMINISTRATIVE JUDICIARY

Abstract

The purpose of the article is to reveal the peculiarities of the legal regulation of the subjects of power in administrative proceedings. The peculiarities of the legal regulation of the activity of the subjects of power in administrative proceedings are highlighted. It is stated that the decisive feature of the subject of power of legal relations, decisions, actions or omissions of which can be appealed in the administrative court, is the category of "power management functions". The position of focusing on "management functions" is unbalanced for some reason. In addition, analyzing the rules of the CAS of Ukraine (Articles 12, 19), we can say that the jurisdiction of administrative courts extends to legal relations, the emergence of which is not related to the exercise of the subject of power management functions. In this way we observe the conflict of norms of the CAS of Ukraine: on the one hand, the jurisdiction of administrative courts includes only those disputes involving subjects of power that are related to the implementation of the last management functions, and on the other – disputes arising from non-administrative relations with the participation of subjects of power. It is concluded that the administrative court should protect the rights, freedoms and interests of individuals (individuals and legal entities) in the field of public relations from any decisions, actions or inaction of the subjects of power in administrative proceedings. Therefore, the category of "managerial functions", which is key to determining the legal relationship to which the jurisdiction of administrative courts, in the legislation of Ukraine on administrative proceedings is more appropriate to replace with "executive and administrative activities and other government (public) powers". Emphasis is placed on the fact that the subject of power in the field of administrative justice is a person who is endowed by current legislation with relevant procedural rights and responsibilities (administrative-procedural status of the subject of power) and to participate in individual cases in administrative court , which carries out procedural actions aimed at achieving the purpose of the trial.