FUNDAMENTAL ISSUES OF ADMINISTRATIVE LAW DISPUTES WITHIN THE CONTEXT OF THE RULE-OF-LAW STATE: CONSTITUTIONAL JURISPRUDENCE APPROACHES
https://doi.org/10.59982/18294359-26.1-vv-10
Abstract
The study of the effectiveness of resolving administrative law disputes must be conducted within the context of the constitutional-legal framework of a rule-of-law stateFor this purpose, it is necessary to analyze the constitutional and legal foundations of the system of administrative dispute resolution. It is also necessary to determine the criteria by which the effectiveness of this system can be assessed, taking into account the requirements of the protection of human rights and the safeguarding of the public interest, as well as to examine the judicial and extrajudicial procedures for resolving administrative disputes and the legal and institutional factors influencing their effectiveness.
The findings of the conducted studies demonstrate that the effectiveness of administrative law dispute resolution serves as a vital functional component of a rule-of-law state. It is contingent upon both the level of normative regulation and the institutional capacities of administrative bodies, as well as the level of legal culture and public trust. Furthermore, in evaluating effectiveness, emphasis is placed not only on procedural speed, but also on the necessity of ensuring the actual protection of individual rights and the public interest.
As a result of the study, the necessity of a comprehensive approach to assessing the effectiveness of administrative dispute resolution has been substantiated, incorporating legal, institutional, and social criteria. Consequently, recommendations have been proposed to improve the administrative law dispute resolution system, focusing on the development of out-of-court mechanisms, the simplification of procedures, and the formulation of unified criteria for effectiveness assessment.
Keywords: Administrative disputes, effectiveness, administrative dispute resolution, rule of law, human rights, protection.
PAGES : 129-137