Protection of human rights in administrative proceedings from the standpoint of anternational law

In particular, the above documents stipulate the necessity of maintaining the confidence of individuals and legal entities in the administrative and judicial system. Furthermore, it is pointed out that effective judicial oversight of administrative acts to protect the rights and interests of individuals constitutes an essential element of the human rights protection system. Therewith, public authorities play a key role in democratic societies, and their activities affect the rights and interests of individuals and legal entities. Notably, when public authorities provide services to individuals and legal entities, as well as make decisions, they should act within a reasonable time.

In the 2001 case Kress v. France, the European Court of Human Rights noted that the very creation and existence of administrative courts can certainly be noted as one of the leading achievements of the state based on the rule of lawRetrieved from https://www.menschenrechte.ac.at/orig/01_3/Kress.pdf. Considering that the European Court of Human Rights has applied the Convention for the Protection of Human Rights and Fundamental Freedoms to protect individuals in their relations with the administration, it is necessary to analyse the practice of the Court in these matters. Although Article 6 refers to civil and criminal matters, it may appear that this Article does not cover the scope of administrative matters. But the practice of the European Court of Human Rights indicates that consideration of a case in another jurisdiction, in particular an administrative one, is not an obstacle to the recognition of the inadmissibility of the case under Article 6¹. In general, the European Court of Human Rights has extended the scope of Paragraph 1 Article 6 to disputes between citizens and public authorities, in particular to:

1. Disputes on expropriation, cancellation of a building permit, land acquisition and, in general, decisions that violate the right to ownership.

2. Disputes regarding permits, licenses, including those necessary for conducting a certain type of economic or professional activity.

3. Disputes regarding contributions under the social security programme.

4. Disputes between civil servants and the state.

In accordance with the provisions of Articles 6 and 13 of the Convention, the system of European standards of administrative proceedings can be described as comprising the following elements: 1) the right to consider the case by a court established based on the law; 2) independence and impartiality of the court, transparency, and publicity in the consideration of the case; 3) a fair trial; 4) reasonable terms for the consideration of the case; 5) the obligation to comply with the judgement [8]. One example of a dispute between citizens and state bodies can be the case of Karelin v. Russia dated 2016. The European Court of Human Rights held unanimously that there had been a violation of Article 6 (right to a fair trial) of the Convention for the Protection of Human Rights and Fundamental Freedoms'European Convention on Human Rights. (1950, November). Retrieved from https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/005 Judgment of The European Court of Human Rights No. 926/08 “Case of Karelin v. Russia”. (2016, September). Retrieved from https://hudoc.echr.coe.int/fre#{"itemid":["001-166737"]}. In the case, it was recognised that the absence of an accusing party in a trial for an administrative offence means a violation of the right to a fair and impartial trial.

At the 1990 Copenhagen Meeting, for the first time, OSCE Member States committed themselves to providing effective remedies against administrative decisionsDocument of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE. (1990).

Retrieved from https://www.osce.org/files/f/documents/d/0/14305.pdf. Also at this meeting, they drew up a list of “elements of justice” that are essential to fully express the inherent dignity of the human person and the equal and inalienable rights of all people. Therewith, one of the components of “justice” was that “everyone will have effective remedies against administrative decisions in order to guarantee respect for fundamental rights and ensure that the legal system is not harmed”, as well as “administrative decisions directed against any or individuals who are fully substantiated and should usually indicate the usual remedies available”. A year later, in 1991, at the Moscow meeting, the OSCE Member States established that “every person shall have effective remedies against administrative decisions in order to guarantee respect for fundamental rights and ensure that the legal system is not harmed. For the same purpose, effective remedies will be provided for persons who have suffered damage as a result of the administrative provisions” Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE. (1991).

Retrieved from https://eos.cartercenter.org/uploads/document_file/path/376/OSCOW_Moscow_RU.pdf.

As a result of the interaction between the European legal order and the legal order of the EU member states, it is possible to note the influence of European administrative law on national legal orders. And although the EU still lacks a comprehensive set of codified rules of administrative law, especially administrative procedural law, the process of approximation of the laws of the member states in this area should be noted. In accordance with Article 298 of the Treaty on the Functioning of the EU, as amended by the Lisbon Treaty of 2007, “in the performance of their functions, the institutions, bodies, offices, and agencies of the Union shall enjoy the support of an open, effective, and independent European administration”¹.

One of the important acts adopted in the EU with the purpose of codifying administrative procedures is, in particular, the Resolution of the European Parliament with the Commission's recommendations on the law of EU administrative procedures of January 15, 2013Treaty on European Union (text with changes and additions). (2007, December). Retrieved from https://zakon.rada.gov.ua/laws/show/994_029#Text European Parliament resolution with recommendations to the Commission on a Law of Administrative Procedure of the European Union. (2013, January). Retrieved from https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A52013IP0004[14; 15]. Also, numerous principles follow from case law that apply to administrative proceedings, such as the principles of good governance; the duty to present facts impartially, accurately, and comprehensively; obligation to notify interested parties about the commencement of administrative proceedings; duties to be diligent; the obligation to complete the proceedings within a reasonable time; as well as the right of interested parties to information.

CONCLUSIONS

Thus, the study for the first time analyses the international legal provisions and practice of the European Court of Human Rights in protection of human rights in administrative proceedings. It has been established that administrative proceedings can affect almost all aspects of a person's life, for example, in the field of custody, immigration, social security, and housing. This means that the protection of human rights in this area is very important in the modern world. A number of universal international treaties, such as the Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, and the International Covenant on Economic, Social and Cultural Rights of 1966, contain a number of international legal provisions related to the protection of human rights in administrative legal proceedings. The study also analysed the specificity of the regulation of the protection of human rights in administrative proceedings within the framework of the European legal space, namely within the framework of the Council of Europe, the European Union and the Organisation for Security and Cooperation in Europe. Furthermore, it analysed the practice of the European Court of Human Rights in this area and established that Article 6 of the Convention for the Protection of Rights and Fundamental Freedoms also extends its scope of application to administrative cases.

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