LEGAL BASIS AND FEATURES OF THE ACTIVITIES OF AUTHORITY SUBJECTS PARTICIPATING IN ADMINISTRATIVE JURISDICTION

Abstract

The article examines scientific and normative-legal approaches to the definition of the concept of "subject of administrative proceedings", studies the classification of subjects in administrative proceedings. The legal status of subjects participating in administrative proceedings depends directly on its legislative definition, but its implementation is related to the active or passive forms of performance of the functions of the parties and other procedural participants in the judicial review of cases. It is emphasized that the participants of the administrative process according to the instructions of the CAS of Ukraine, depending on their interest, are divided into persons participating in the case (parties, third parties, representatives of the parties and third parties) and other participants (witness, expert) , specialist, etc.). Therefore, the most acceptable, in our opinion, is the classification of all subjects of administrative procedural legal relations into three groups: courts that administer justice; persons participating in the case; persons who assist in the administration of justice. Within the second group (individuals participating in the case), he distinguishes three subgroups of subjects exercising their rights and obligations depending on the goals of participation in the case. These are persons whose purpose of participation in the process is to protect their subjective material and legal interests (parties, third parties, applicants and interested persons); persons participating in the case for the purpose of protecting the interests of other persons, state interests (prosecutor, state bodies, local self-government bodies, other bodies); representatives – persons whose purpose of participation in the case is to protect the interests of other persons. It was concluded that in each of the listed cases, the administrative-legal status of an individual subject as a participant in the administrative process has its own specificity, due to the role that the subject performs in the process.