CHARACTERISTICS OF THE SYSTEM OF SUBJECTS OF ADMINISTRATIVE AND JURISDICTIONAL PROCEEDINGS AND ITS SYSTEM-FORMING SIGNS

Abstract

The article, based on the analysis of current legislation, available scientific, journalistic and methodological sources, including foreign experience, describes the legal system of the subjects of administrative and jurisdictional proceedings and considers its system-forming features. The essence of administrative-jurisdictional proceedings and the place of relevant subjects in them are clarified. The general and special statuses of the subject of administrative-jurisdictional proceedings are considered. It is proved that the first determines its place in the law enforcement mechanism, ie it is a legal position characterized by a set of legal rights and responsibilities for the consideration and resolution of both cases of administrative offenses and other public law disputes. On the other hand, the special status of the subject of administrative-jurisdictional proceedings determines its place in the system of these subjects and specifies its legal position in relation to the participants in proceedings on administrative offenses and other legal disputes. The problems of procedural and legal status of the subjects of administrative-jurisdictional proceedings are identified, among which are the problems of: the subject composition of this type of administrative proceedings; ensuring the quality of implementation during the administrative-procedural activity of the subjects of administrative-jurisdictional proceedings of their procedural status; ineffective protection of the rights and legitimate interests of citizens in the process of exercising their powers; uncertainty of the place and role of the witness during the proceedings in cases of administrative offenses. It has been found that the system of subjects of administrative-jurisdictional proceedings is a set of bodies, officials, courts (judges) authorized by law to consider and resolve administrative-legal disputes, to consider cases of administrative offenses, disciplinary cases and administrative coercion. It is proposed to classify them according to the nature of the procedural status into three groups: 1) the subjects deciding the case; 2) the subjects in respect of which the case is decided; 3) auxiliary participants in jurisdictional proceedings.