THE CONCEPT AND LEGAL NATURE OF THE METHODS OF PROTECTION IN THE ADMINISTRATIVE JUDICIARY OF UKRAINE

Abstract

Abstract. The article is devoted to the problems of the legal nature of the methods of judicial protection in the administrative proceedings of Ukraine. Attention is drawn to the fact that this issue is insufficiently covered in science. The article indicates that jurisprudence theories have developed different approaches to the interpretation of the meaning of the concept of "methods of protection of rights and interests". The main attention in science is paid to this concept by civil law specialists, and this is explained by the fact that scientific research in this field has been developing for a long time. The author draws attention not to the fact that methods of judicial protection in legal science are considered as a type of demand, as a type of coercion and as an action of the subject of protection. In the article, it is proposed to understand the method of protection in administrative proceedings as a substantive legal requirement, which is provided for in the law, and which ensures the renewal of the violated right or interest of a person in public legal relations. It is substantiated that the methods of protection are a specific material and legal requirement, which is aimed at the protection of the right. This requirement is a final action (act) on the way to removing obstacles to the exercise of a subjective right or interest, termination of an offense and removal of obstacles to the exercise of a right (interest). The article proves that the methods of protecting the rights, freedoms, and interests of individuals when challenging the decisions of subjects of authority have the following features: they represent a procedural and legal requirement to the court enshrined in the law; are applied on the basis of the law; the basis of application is a violation of the right, freedom or interest of the person applying them; aimed at restoring the violated right, freedom or interest; conditioned by the object of protection represented by the decision of the subject of power.