THE PRINCIPLE OF REASONABLENESS AS AN EFFECTIVE COMPONENT OF HUMAN RIGHTS PROTECTION IN PUBLIC LAW RELATIONS UNDER THE LAWS OF UKRAINE AND ISRAEL

Abstract

The research is devoted to the analysis of the principle of reasonableness, its normative enshrinement, and its application in the regulation of public law relations in Ukraine and Israel. The author examines the general and specific features of this principle, taking into account the peculiarities of Ukrainian and Israeli legislation, as well as the influence of common law and continental law systems on the formation of the doctrine and practice of its application by public authorities and courts in the exercise of judicial review. The relevance of studying the development and evolution of the principle of reasonableness in the context of these two countries is driven by the operation of special legal regimes that allow for the restriction of certain human rights, changes in public law during the period of martial law, and the need to explore the legal systems of countries allied with Ukraine in the Middle East. Ensuring the rule of law in the relationship between the individual and public authorities is one of the key tasks of the state, which is implemented, among other means, through the principle of reasonableness as a complex and multifaceted phenomenon. The article pays particular attention to the specific features of the examined principle in the resolution of public law disputes, as shaped by judicial practice, which has established approaches making its application a mandatory condition for reviewing contested decisions of public authorities, including the issuance of normative acts, administrative acts, and other similar instruments. The study analyses scholarly publications in the field of administrative law in Ukraine and Israel that reveal various aspects of the application of the principle of reasonableness, particularly those focusing on its use in the resolution of public law disputes involving executive and legislative bodies; specific legal relations arising between public authorities concerning amendments to constitutional legislation that restrict the possibility of judicial review by the Supreme Court of Israel; as well as selected works by Ukrainian administrative law scholars who examine reasonableness within the system of general and special legal principles. It is substantiated that the principle of reasonableness is an integral element that enhances the effectiveness of the mechanism for protecting human rights in relations with public authorities and in relations between such authorities. Through this principle, decisions made in specific cases in the exercise of the functions and powers of public bodies are assessed in terms of their appropriateness and rationality. The Israeli legal system grants the Supreme Court the authority to exercise judicial review over the decisions of the executive and legislative branches, as well as other state authorities, in order to prevent violations of the existing system of checks and balances. This authority is rooted in the historical development of the country's system of governance, the operation of a special legal regime, and the influence of the common law tradition. In contrast, Ukraine demonstrates a trend toward the improvement of administrative legislation under the influence of the European integration process. This has led to the enhancement of certain institutions within this legal field and the introduction of new developments in administrative law, procedure, and process, where legal principles will play a significant role and influence the formation of law enforcement practice. The author’s position, as formulated in the conclusions, concerns the differences in the legislative enshrinement of the principle of reasonableness, which are determined by the characteristics of the legal systems of common law and continental law countries. These characteristics define the particularities of the understanding, interpretation, and application of the said principle in the daily activities of public authorities when adopting relevant decisions, as well as by judicial institutions in the context of adjudicating public law disputes.