SECURING THE CLAIM IN DISPUTES CONCERNING THE PROVISION OF ADMINISTRATIVE SERVICES

Abstract

The scientific article is devoted to the research of the institute of securing of a claim in administrative proceedings. In the work the peculiarities of application of measures to ensure the claim in administrative cases concerning the settlement of disputes concerning the provision of administrative services are considered. The purpose of the article is to analyze the problems, which arise in connection with practical implementation of measures to ensure the claim, in particular in disputes concerning the provision of administrative services. The main attention is paid to the characteristics of the measures of the claim provision, proceeding from the tasks of administrative court and the essence of administrative services, for which the unifying category is the rights and interests of the private person. The paper highlights the issues of the essence of administrative services and the need to protect the rights of a private individual when granting them. The article analyzes the relevant provisions of the Code of Administrative Court of Ukraine concerning the rules of application of measures to ensure the claim. The court practice is considered in terms of formation of the basic rules of application of measures to ensure the claim. The provisions of the procedural legislation concerning the grounds for the provision of the claim are disclosed, and examples of such circumstances are given in practice. It is noted that in most cases, the reason for the application of measures to ensure the claim may be obvious signs of infringement of the decision, action or inaction of the subject of authority and violation of the rights, freedoms or interests of the person who appealed to the court, such decision, action or inaction. Systematic analysis of the provisions of the procedural law on the grounds for securing the claim allows to draw a conclusion that they are appraised and such that is carried out within the limits of the court judgment. The unjustified use of these measures can lead to legal complications that are much greater than those that would have been prevented. Therefore, the court should in each case, based on available evidence, determine whether there is at least one of the circumstances mentioned, and assess, can not take measures to ensure the claim cause even more harm than that which can be prevented. It is concluded that the provision of a claim in an administrative case is an element of the right to judicial protection, aimed at preventing the inirreversibility of certain consequences of unlawful decisions and actions on restoration of the violated right (the so-called preliminary judicial protection), as well as separate basic provisions on application of measures of the provision of a claim.