The Concept and Main Features of Administrative Court Proceedings

Imanli Farid Samaddin,

master`s degree, Baku State University

E-mail: [email protected]

 

As the source of power in a legal state is the people, the state receives its power from the people accordingly. This power received from the people as an obligation should be used in turn for the benefit of the people, to ensure that their interests and rights are not violated. Thus, the comfortable lifestyle and well-being of citizens depends on the correct and efficient work of state bodies. Even though effective operating conditions are created for administrative bodies in a legal state with administrative law, the expected result is the establishment of an efficient and transparent management system for the benefit of citizens.

In a legal state, the activity of state bodies is based on legality and justice, and the procedural rules of relations between them and citizens are determined by law. With the adoption of administrative acts, the possibility of persons whose interests have been violated to influence them is definitely established in the law. Administrative bodies act as legal subjects with special powers, but these powers are limited by the rights of other subjects.

Administrative court proceedings, also known as administrative law proceedings, are legal processes designed specifically to resolve disputes arising from administrative decisions. According to the Law of the Republic of Azerbaijan “On administrative proceedings” administrative decision is a decision, order or other type of authority measure adopted by an administrative body in order to regulate or solve a certain (concrete) issue belonging to the field of common (public) law and creating certain legal consequences for the legal person or individual to whom it is addressed [1]. These decisions typically made from government entities vested with administrative functions, such as licensing, permitting, regulatory enforcement, or adjudication of disputes. Unlike criminal or civil court proceedings that address private disputes or offenses, administrative court proceedings are centered around reviewing and adjudicating matters involving the exercise of public authority. Unlike in criminal cases, where the government must provide lawyers for people who cannot afford them, the right to an attorney in administrative proceedings only covers the right to hire and pay for legal assistance [9,  p.209].

Administrative court proceedings stand as a cornerstone of modern legal systems, providing a specialized avenue for addressing disputes stemming from administrative actions. It plays a crucial role in maintaining the balance of power between the state and its citizens. They serve as a check on the exercise of governmental authority, ensuring that administrative actions are lawful, reasonable, and consistent with the principles of law. At the heart of administrative court proceedings lies the concept of adjudicating matters that involve governmental agencies, regulatory bodies, or public authorities. Understanding this concept is fundamental to grasping the intricate dynamics of administrative law and its role in ensuring accountability, fairness, and the rule of law within societies.

 

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