NARRATIVE ON THE ESSENCE OF THE PRINCIPLE OF GUARANTEEING EFFECTIVE MEANS OF LEGAL PROTECTION IN THE CONTEXT OF ADMINISTRATIVE PROCEDURE

Abstract

The article examines the principle of guaranteeing effective means of legal protection, which is an important component of the system of principles of administrative procedure and which is implemented, usually at the level of the institute of administrative appeal. The essence of this principle has been established, which manifests itself and boils down to the fact that a person can appeal any decision, action or inaction of an administrative body in an administrative procedure, that is, it is possible to appeal to the subject of the review of the complaint (as a general rule, this is an appeal to of a higher body or an official of an administrative body that adopted an administrative act, procedural decision, action). It was established that the principle of guaranteeing effective means of legal protection has two main components: a) the right of a person to appeal decisions, actions or inaction of an administrative body in the procedure of administrative appeal; b) the duty of an administrative body to inform a person about the method, procedure and terms of appeal of an administrative act that negatively affects the right, freedom or legitimate interest of that person. It was found that the principle of guaranteeing effective means of legal protection is influenced by: a) the norms of the national legal space (the Constitution of Ukraine, the Law of Ukraine "On Administrative Procedure" and others); b) provisions of "soft" law of Council of Europe bodies; (c) Convention on Human Rights; (d) decision of the ECHR. Attention is emphasized and it is justified that the implementation of European standards at the level of public administration translates the activity of administrative bodies into a modern format by guaranteeing proper appeal in such a way as to reduce the number of disputed issues, as a result of which the burden on administrative courts will be reduced due to the reduction of the number of appeals. Definition of the main advantages of an out-of-court appeal over a judicial one. It is emphasized the need to carry out complex studies of the principle of guaranteeing effective means of legal protection of the content, taking into account various aspects of the manifestation of the specified principle, in the context of the latest challenges of today.