THE PRINCIPLE OF PROPORTIONALITY – PRINCIPLE OF PUBLIC LAW

Abstract

In recent years, the legal scholarly community has largely studied the general range of issues related to the problems of administrative justice. This state of affairs is due to the fact that the institution of administrative justice itself is quite complex, multifaceted, dynamic and contradictory. Therefore, the issue of modern problems of application of the principles of administrative justice is relevant and requires a more detailed review. The principle of proportionality can be considered a new principle of the judicial system, which previously was considered by some researchers of the procedure only as a non-normative systemic principle of the administration of justice. Based on the analysis of the doctrinal provisions and the state of legal regulation, the principle of proportionality is considered as a requirement for maintaining in the administrative procedure the necessary balance between possible negative consequences on the rights, freedoms and interests of a legal person and the purposes pursued by the application of administrative sanctions in its favor. The principle in question requires a three-step study, which is divided into establishing the appropriateness of the measure for the objective to be achieved, the necessity of the measure itself and the proportionality of the objective, giving priority to the mildest measure, which in any event allows the objective pursued by the rule to be achieved. This is the principle of minimum means, which is an important guideline for verifying the legality of an act of the institutions. Therefore, a measure that is unjustified and therefore punishable in terms of abuse of power will be a measure that affects the private sphere and is not justified by specific and justified needs of public interest.