THE SPECIFIC PLACE OF THE PRINCIPLE OF PROPORTIONALITY IN ADMINISTRATIVE-LEGAL RELATIONS AND ITS LEGAL SIGNIFICANCE
Keywords:
the principle of proportionality, the concept of the principle of proportionality, the features of the principle of proportionality, the measure of impact, proportionality, administrative discretionAbstract
This article analyzes the concept of the principle of proportionality in the formation of administrative and legal relations, its specifics, and some theoretical, legal, and practical issues of its application in legislation and practice. The problems arising in the application of the principle of proportionality in administrative and legal activities and in the practice of administrative courts and the norms established by the Law of the Republic of Uzbekistan on Administrative Procedures, especially in most cases when protecting the rights and freedoms of interested persons, are analyzed. In addition to the above, examples from judicial practice and the activities of state bodies related to the application of the principle of proportionality are given, and the author’s comments from the point of view of legislation are given. A meaningful analysis of the norms concerning the principle of proportionality enshrined in the Constitution of the Republic of Uzbekistan and the Law “About Administrative Procedures”. Also the author’s definition of the principle of proportionality is given and conclusions are made about making appropriate proposals to the legislation.