The Jurisdiction Ways to Defense the Rights, Freedoms and Interests of Physical and Juridical Persons in the Sphere of the Administrative Procedure Legal Relations

The article is sanctifi ed to the theoretical questions of determination of jurisdiction ways to defense the rights, freedoms and interests of physical and juridical persons in the sphere of the administrative process. The separate types of jurisdiction ways to defense of private persons in this sphere are offered. The human-centrism approach stipulated the change of looks to setting of administrative law, however must establish, that in a practical plane in Ukraine so the real «approaching» of public administration did not take place to the necessities of physical and juridical persons. The jurisdiction ways to defense the rights, freedoms and interests of physical and juridical persons are an aggregate of normative certain forms of activity of the authorized public, civil servants, organs of local self-government in relation to defense of such rights and freedoms and foresee preparation, adoption and acceptance of individual decision in case. Going out from such understanding of jurisdiction ways to defense the rights, freedoms and interests of physical and juridical persons, it is possible to talk about such judicial foundation for electing of such ways of defense as a dispute about a right, in fact actually him materiel is foundation for the appeal of physical and juridical persons after defense of the rights, freedoms and interests to the public authorities. To the jurisdiction ways to defense the rights, freedoms and interests of physical and juridical persons in the sphere of administrative procedure legal relations it is possible to take: 1) appeal of decisions, actions or inactivity of subjects of imperious plenary powers in the order of the administrative proceedings; 2) right on the revision of court decisions of administrative courts (defense of rights, freedoms
and interests of physical and juridical persons is in administrative proceedings legal relations) is a statutory appeal, reversal appeal, revision of court decisions by Supreme Court of Ukraine, realization for new-discover circumstances; 3) proceedings of the lost judicial realization in the administrative case; 4) appeal of measures of providing of realization is in matters about administrative offences; 5) administrative judicial order of appeal of decision by the case about administrative offence; 6) right on an administrative appeal in cases and in an order set a law; 7) address of physical and juridical persons to the authorized public authorities, among plenary powers of which there is realization of disciplinary proceeding in relation to the category of persons set a law; 8) bringing in of civil servants of public and local self-government authorities to administrative responsibility for administrative offences, related to un-sticking of the set rules in the sphere of law of public administration, state and public order, nature, health of population and other rules, providing of implementation of which enforcement included in their offi cial duties. Consequently, without regard to the normative fi xing and withstand use in practice of jurisdiction ways to defense the rights, freedoms and interests of physical and juridical persons in the sphere of administrative procedure legal relations must establish imperfection of separate from them and also «declarative» character in execution the main task of administrative law –
defense of rights, freedoms and interests of private persons in the public sphere.