RIGHT TO APPEAL: CONFIRMATION IN INTERNATIONAL AND NATIONAL ACTS AND SCIENTIFIC APPROACHES TO THE DEFINITION OF ESSENCE

Abstract

The right to appeal occupies an important place in the system of constitutional rights and freedoms of man and citizen, and at the same time appears as a right and as a guarantee of other rights and freedoms. Its normative consolidation is an important step towards the development of democracy. The purpose of the article is to analyze international and national acts and establish the ways in which they enshrine the right to appeal, to summarize scientific approaches to determining its status and essence. Scientific novelty. The ideas on the main ways of normative consolidation of the right to appeal – as a component of other rights or as an independent right – were further developed. In conclusion, as a result of the conducted research it is established that in international acts the right to appeal is considered as a component of other rights - to participate in public administration and / or to an effective remedy. In national constitutions, it is separated from other rights and enshrined as an independent right. It has been found that in foreign countries the relevant standardization is ensured both at the constitutional level and at the level of ordinary special laws. It is stated that the Constitution of Ukraine separates the right to appeal from other political rights, in particular the right to participate in the management of state affairs, however, in the preamble to the Law of Ukraine «On Citizens' Appeals» these rights are positioned as interrelated and interdependent. The analysis of scientific literature revealed several approaches to understanding the status and essence of the right to appeal, in particular, it is considered as: an independent constitutional right, the essence of which is the ability of citizens to participate in the management of public affairs; an integral part of the right to participate in the management of state affairs; one of the tools of direct democracy; a comprehensive institution covering complaints, petitions, statements, petitions, where only the petition is a form of citizen participation in the management of public affairs, while complaints, petitions and statements are not such, but are directly aimed at protecting the rights and freedoms of citizens.