PROSPECTS FOR THE CONSTITUTIONALIZATION OF ADMINISTRATIVE JUSTICE IN THE EEU MEMBER STATES
DOI:
https://doi.org/10.52026/2788-5291_2022_68_1_13Keywords:
constitutionalization, administrative justice, Eurasian Economic Union, protection of human rights and freedoms, legal regulation, efficiency of the judicial systemAbstract
The relevance of the research topic is due to the theoretical and practical significance of issues related to development in the member states of the Eurasian Economic Union (hereinafter referred to as the EAEU) legal mechanisms for the protection of human rights and freedoms.
The uneven course of the process of constitutionalization of administrative justice in various EAEU member states is revealed, its features characteristic of different EAEU member states are shown, including those related to the perception of the constitution as a value, problems of ensuring its supremacy and direct action within national jurisdiction, ways of influencing constitutional norms on legislative regulation. These features are considered in the context of the relationship of constitutional processes with the dynamics of socio-economic and political development of these countries. Along with this, it was noted that an important part of it will be the introduction of amendments to the constitutions of these states, as well as the adoption of new legislative acts.
The paper presents an analysis of current trends and directions of development of constitutional and legal regulation of administrative justice in the EAEU member states. It is shown that both are caused by both internal and external factors. The author attributed the perception of the ideas of constitutionalism by these states and their introduction into domestic relations, as well as the intensive development of constitutional legislation, the improvement and differentiation of judicial mechanisms for the protection of human rights to internal ones. The influence of international law norms on national legal systems, the implementation of relevant norms and principles in them, the borrowing of constitutional and legal institutions existing in the legal systems of other countries, the expansion of interstate cooperation, integration processes in the Eurasian space, further harmonization and, in part, unification of the legislation of the EAEU member states are considered as external factors. The effect of these factors creates prerequisites for the convergence of approaches to the constitutional and legal regulation of public relations related to the organization and functioning of administrative justice in the EAEU member States. An objective need has been identified for the formation of common standards for this regulation for the countries of the Union, the implementation of which will contribute to the convergence of the vectors of their constitutional and legal development and the further strengthening of a single legal space.