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DOI 10.37749/2308-9636-2020-6(210)-2

Smokovych М. Administrative proceedings in Ukraine: formation and challenges

The article is dedicated to the fifteenth anniversary of the adoption of the Code of Administrative Procedure of Ukraine. In the context of this significant event, the origins of the formation and development of administrative justice in Ukraine have been studied. Practice shows that the importance of administrative justice in the formation and development of Ukraine as a democratic, legal, social state is extraordinary.

It was found that the conceptual approach in terms of the formation of administrative justice, which was originally laid down in the Concept of Judicial and Legal Reform in 1992, was later properly enshrined in the Code of Administrative Procedure of  Ukraine in 2006. The essence of the concept is a fair, impartial and timely resolution of disputes in the field of public law by an administrative court in order to effectively protect the rights, freedoms and interests of individuals from violations by the subjects of power. The article analyzes the experience gained in administrative proceedings and highlights some problems of its practical implementation.

It is determined that in order to timely resolve disputes  in the field of state and legal relations, to ensure equal distribution of workload among judges of the Administrative Court of Cassation within the Supreme Court and to ensure effective protection of rights, freedoms and interests of individuals, rights and interests of legal entities from violations on the part of the subjects of power, it is necessary to make some changes to the legislation on the judiciary of Ukraine. The legislative changes defined in the article will positively affect the practical implementation of the principles of the rule of law and legality in the state mechanism.

Key words: administrative proceedings, principle of specialization, specialized chambers, equality of legal opportunities of material and procedural nature.

 

References

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