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THE PRINCIPLE OF GOOD FAITH AS ONE OF THE PRINCIPLES OF IMPLEMENTATION OF ADMINISTRATIVE PROCEDURAL RIGHTS

Authors: Volodymyr Yatsuba;

THE PRINCIPLE OF GOOD FAITH AS ONE OF THE PRINCIPLES OF IMPLEMENTATION OF ADMINISTRATIVE PROCEDURAL RIGHTS

Abstract

The purpose of the article is to the study of the principle of good faith as one of the principles of implementation of administrative procedural rights. It is indicated that the problem of forming effective ways to protect the rights, freedoms, legitimate interests of a person and a citizen, as well as a legal entity, has become urgent for Ukraine since its independence. Research methods: the chosen topic of scientific research requires the use of various scientific methods and approaches to obtain high-quality results. Therefore, the following research methods were used to solve the tasks set: analysis; systematic method; analytical method, etc. Results: аccording to Article 3 of the Constitution of Ukraine, it is determined that the priority task of the functioning of the state is to ensure and protect human rights and freedoms as the main social value. Such a normative and legal provision of the Constitution of Ukraine establishes the substantive functional purpose of the state, determines the direction of implementation of functions and methods of public administration. The definition of a person as the highest social value is the basis for the implementation of the mechanism of responsibility of the state and its institutions to the individual at the appropriate level. The application of the mechanism of state responsibility, in addition to its constitutional consolidation, requires the development of effective structures capable of making such a norm a reality. Discussion: the components of the principle of good faith in administrative proceedings are: 1) prohibition of abuse of procedural rights; 2) the requirement of conscientious fulfillment of procedural obligations; 3) prohibition of contradictory conduct of the parties, or the rule of procedural estoppel; 4) prohibition to impose other unlawful obstacles in the administration of justice. The principle of good faith is a general principle of law that applies to the entire sphere of legal regulation, including the sphere of administrative proceedings.

Keywords

system of principles, principles of law, principle of good faith, principles of administrative justice, принципи адміністративного судочинства, принцип добросовісності, система принципів, принципи права

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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