PRE-COURT FORM OF PUBLIC-LEGAL DISPUTE RESOLUTION AS AN EFFECTIVE MEANS OF PROTECTION OF PERSONAL RIGHTS, FREEDOMS AND INTERESTS AND WAYS OF ITS IMPROVEMENT

Abstract

The realization by a person of the right to protection guaranteed by the Constitution of Ukraine is possible, first of all, by creating such forms of protection that reveal the procedural content of this right: self-defense, extra-judicial, pre-trial and judicial forms of protection. The article examines the forms of protection of the subjective rights of participants in public-law relations, which are divided into three main forms: self-defense, pre-trial and judicial. The judicial form of appeal of decisions, actions or inaction of subjects of authority is the main, but not the only, system of protection of the rights and legitimate interests of private individuals in relations with the state. An analysis of the current state of the pre-trial procedure for challenging decisions, actions or inactions of powerful subjects is provided, and such types of pre-trial resolution of public legal disputes as parliamentary,

administrative and public are summarized. Through the use of general scientific and special methods of scientific knowledge, it was possible to comprehensively investigate the object of research - the pre-trial procedure for resolving a public legal dispute. The results of the study reflected the shortcomings of the pre-trial dispute resolution procedure and found both legislative and practical ways to improve administrative legal disputes in an extra-judicial manner.

The classification of the forms of protection of individual rights made it possible to comprehensively investigate the procedural possibilities of protecting oneʼs rights in the difficult conditions of reforming the administrative and judicial systems of the state. It has been proven that the pre-trial procedure for the settlement of administrative-legal disputes is not only an alternative to the judicial form of protection, but also an independent, effective form of protection of the rights, freedoms and interests of a person in public-legal relations. The analysis of the pre-trial resolution of a public-law dispute revealed all the possibilities and advantages of the pre-trial dispute resolution procedure, and the study of each of the means of protection according to the relevant classification criteria gave us the opportunity to more fully reveal the pre-trial form of resolution of a variety of administrative-legal disputes.