ON THE QUESTION OF DEFINING THE PRINCIPLES OF IMPLEMENTATION EUROPEAN HUMAN RIGHTS STANDARDS IN THE PROCEDURE OF PRE-JUDICIAL SETTLEMENT OF ADMINISTRATIVE- LEGAL DISPUTES IN THE ADMINISTRATIVE JUDICIARY

Abstract

The article explores the principles underlying the integration of European human rights standards into pre-trial settlement procedures within the context of administrative adjudication.

The article proposes to consider the principles of implementation of European standards of human rights in the procedures of pre-trial settlement of administrative-legal disputes, taking into account the practice of the European Court of Human Rights. The methodological basis for the definition of such principles is highlighted, which consists of general theoretical approaches to the essence of the categories "international standards of human rights", "principles of law". The use of such an approach conditioned consideration of the principles of the judicial administrative process, among which those whose content should correspond to the essence of pre-trial dispute settlement procedures are highlighted. At the same time, it was established that the principles of pre-trial settlement should not contradict the principles of administrative proceedings defined in the KASU. Two groups of principles of pre-trial settlement of administrative-legal disputes are distinguished: general (arising from the principles of administrative proceedings, respectively, Part 3 of Article 2 of the Civil Code, and those that correspond to European standards of human rights) and special (taking into account the principles of implementation of such standards). General principles include: rule of law, legality, equality of participants in the procedure before the law, confidentiality. The following principles are highlighted as special: expediency and appropriateness, individualization, ensuring a balance between competing interests of a private and public nature, the validity of the application of European human rights standards, the compatibility of the extended interpretation.