FEATURES OF APPLICATION OF ADMINISTRATIVE JURISDICTION AND ADMINISTRATIVE JURISDICTION ACTIVITY

Abstract

The article attempts to determine the essence of the concepts of "administrative jurisdiction" and "administrative and jurisdictional activity", to reveal their meaning and limits of application, to display their correlation, and to highlight the most essential features. It is noted that the abovementioned concepts do not have their legal confirmation in the normative legal acts of the legislation of Ukraine. Therefore, their complexity and ambiguity in the theory of administrative law is obvious. Among scientists, there are differences in the interpretation of these concepts. However, all of them, as one of the most important and essential characteristics of these legal categories, call their inextricable connection with law enforcement activities and the situation of legal conflict. It is argued that the concept of "administrative and jurisdictional activity" is used, as a rule, to characterize the activity carried out within the framework of a group of "law enforcement" administrative proceedings that are part of the structure of the administrative process. Administrative jurisdiction acquires meaning only during administrative and jurisdictional activity, which has a mainly procedural nature of administrative and legal coercion. The same administrative and jurisdictional activity should be considered as a legally defined activity of an entity authorized by the state regarding the resolution of individual cases (disputes) that arise in the course of administrative and legal relations of individuals or legal entities with state bodies during the exercise of public authority powers by this body. The social value of administrative and jurisdictional activity is manifested in its regulatory function. This is a peculiar means of legal regulation of social relations, which are protected by the state. With its help, normative acts and orders are transformed into specific legal relations, into the real behavior of subjects.