ADMINISTRATIVE CLAIM: ISSUES OF EXPLAINING AND USING
DOI:
https://doi.org/10.52026/2788-5291_2025_80_2_35Keywords:
administrative claim, public and legal dispute, public rights, legitimate interests, management, administrative process, administrative courtAbstract
The legislativedesign of the action administrativeinstitute has been createdconditionsfor the research of itstheoreticalandpracticalfoundations.Howtheexperience of regulatoryandjudicialpractice demonstrates, the essentialdevelopment of administrativeprocedurallegislationdemands aclearexplanations of someterms and methodsrelatedto the institution of a claimarisingfrom the essence of publiclawrelations.In an administrativedispute is covering issues notonly the rights of citizensandtheirassociationsalso the interests of the state.
The inability to defend the violatedrightsandinterests of societyand the state in an appropriateway willbeevidence of the laggingdevelopment of the institute of administrativejustice.On the basis of a scientificandanalyticalreview, the authorstried to show the actualissues of the importance of the institution of an administrativeclaimin the proceduralbranch of law.It has been proved in the scientific article the necessity for the whole separation of administrativeprocedurallegislationonpublicdisputesfromotherforms of proceduralproceedings.
The analysis of judicial practice after 2021 is justified that in comparison with all other claims, the largest consideration coefficient of claims for challenging decisions and actions (inactions) of state bodies. The reasons for the increasing facts of appeals to the court of challenge are freedom of entrepreneurship, the development of legal policy and the changing role of the state in regulating public relations. These and other factors require systematic improvement of approaches not only in regulating the rights of participants in the administrative process, but also in taking modern measures to protect the public interests of society and the state.
