Зміст принципу офіційності у контексті мети адміністративного судочинства як нормативно-ціннісного підґрунтя процедури судового оскарження нормативно-правових актів
The article examines the principle of officiality in administrative justice as a normative and value-based foundation shaping the procedure of judicial review of normative legal acts. The author analyzes the current state of administrative justice in Ukraine, emphasizing the importance of correctly understanding the purpose of administrative justice, which simultaneously serves as a normative and value basis for fulfilling the social role of judicial protection of private individuals’ rights within public-law relations. It is highlighted that the principle of officiality obliges administrative courts to actively participate in establishing all relevant facts of a case, which is particularly crucial when considering disputes involving challenges to normative legal acts. The study underscores significant conceptual discrepancies within the academic community and judicial practice regarding the interpretation of the objective of administrative justice. The classical understanding of administrative justice as a mechanism aimed at ensuring equality of the parties and maximum protection of private individuals against abuses by public authorities is frequently contrasted with contemporary views that position administrative justice primarily as an instrument to achieve fairness and objectivity in public-law relations, including decision-making that best reflects the public interest, even if it may not always be beneficial to the specific private individual involved. The author stresses that these conceptual discrepancies between scholarly perspectives and judicial practices significantly impact the quality of court decisions, leading to distortions in the application of the principle of officiality, particularly in complex disputes regarding the legality of normative acts. At the same time, critical analysis of the boundaries of judicial activity and the court’s role in evidence collection aims to resolve these contradictions and ensure the overall effective functioning of administrative justice. Therefore, the article aims to deeply explore the content and boundaries of the principle of officiality, identify its normative and value-based foundations, and develop scientifically grounded recommendations aimed at improving judicial protection practices in cases involving challenges to normative legal acts.
Publication Details
- Journal
- Scientific periodicals of Ukraine
- Published
- 2025-04-28
- Primary Topic
- Ukrainian Legal and Forensic Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00