External experience of consideration of administrative jurisdiction in Ukraine’s reduced proceedings
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The growth of the dynamism of public relations and the increase in the number of administrative cases, which arise from similar grounds, in relations governed by a single rule of law, and in which plaintiffs claim similar claims, the heavy burden on administrative courts necessitates acceleration of administrative legal proceedings. On the other hand, the reduction of administrative proceedings is a continuation of the European procedural tradition. In addition, the processes of European integration set the priority direction for improving administrative justice in the light of Recommendations No. R (81) 7 of May 14, 1981 of the Committee of Ministers of the Council of Europe to Member States on ways to simplify, accelerate and reduce the cost of litigation. With the adoption of the new version of the Code of Administrative Justice of Ukraine, amendments were made to the procedure for consideration and resolution of certain categories of administrative cases, which according to the new CAS Ukraine should be considered in a simplified form of legal proceedings. In addition, a new institution for the consideration and resolution of typical and exemplary cases has become new to domestic legislation. Such innovations require proper scientific study, both in theoretical and in practical terms. It is also interesting to see the experience of foreign countries regarding the existence of an institution for the consideration and resolution of administrative jurisdiction in reduced proceedings. Given the foregoing, it should be noted that the existence of simplified judicial procedures, including administrative ones, is quite well-established and necessary for the consideration of cases in a reasonable time practice. Supranational Acts of the European Union introduced unified rules for reviewing disputes in reduced proceedings within national courts. The experience of the European Union testifies that the unification of judicial proceedings is limited to the reduced forms of proceedings. This is due to the desire to build judicial procedures in such a way that as soon as possible to protect the rights violated, reduce the court costs, while ensuring compliance with the principles of fair and objective consideration and resolution of the case within a reasonable time. In our opinion, for domestic legislation, an approach which should be considered in cases of administrative jurisdiction in the reduced proceedings may be interesting in cases where there are no legal or factual difficulties and all factual data relating to the circumstances of the case are established. Further scientific research requires the study of foreign experience in the examination of typical and exemplary cases.
Authors and Affiliations
Є. А. Палій
Keywords
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