Актуальні питання обрання та застосування ефективного способу захисту порушених прав осіб в адміністративному судочинстві України

The article addresses current issues related to the selection and application of effective remedies for protecting violated rights in administrative proceedings in Ukraine. It highlights that one of the key mechanisms for protecting individuals’ rights in cases of challenging decisions, actions, or inactions of public authorities is administrative justice. The article emphasizes that administrative courts, in fulfilling their functions and administering justice based on the rule of law, assess the legality of such decisions, actions, or inactions of public authorities. At the same time, the implementation of the objectives of administrative justice and the effectiveness of judicial protection of violated rights in cases concerning the appeal of decisions, actions, or inactions of public authorities significantly depend on the substantive and procedural requirements governing court proceedings. It is emphasized that the issue of choosing an effective judicial remedy for protecting one’s violated rights remains highly relevant. The article draws attention to the fact that the effectiveness of judicial protection of violated rights is enshrined in the Constitution of Ukraine, specialized legislation, international legal instruments, and the case law of the European Court of Human Rights. The Supreme Court also stresses in its decisions that the effectiveness of justice in administrative proceedings is determined by adherence to the fundamental principles of justice, particularly the rule of law and fairness. It is substantiated that the effectiveness of judicial protection in administrative justice is determined not only by procedural guarantees of access to justice but also by the efficiency of the applied remedies, which should contribute to the proper enforcement of court decisions and the restoration of the legal status that existed before the violation. It is argued that effective judicial protection of violated rights is a crucial guarantee of the supremacy of the rule of law and the achievement of the objectives of administrative justice. The key criteria for effective judicial protection of violated rights in administrative justice include: the functional capacity of the judicial system, which ensures the independence of the judiciary, the absence of political or external influence, an optimal workload for courts, and adequate staffing; procedural efficiency of judicial proceedings, which includes ensuring access to justice, compliance with the principle of procedural economy, reasonable timeframes for case consideration, and adherence to fair trial standards;the real restoration of violated rights and interests, which is ensured through court rulings and their proper enforcement, including mechanisms for compensation and preventive measures to prevent further violations by public authorities; an effective system for enforcing court decisions, ensuring their timely and complete execution, as judicial protection loses its practical significance without proper enforcement.