LEGAL NATURE OF FOLLOW-UP PROCEEDINGS IN THE ADMINISTRATIVE COURT OF UKRAINE
Journal Title: Юридичний бюлетень - Year 2018, Vol 6, Issue
Abstract
The dynamism of public relations and the increase in the number of public-law disputes in recent times require accelerated administrative justice. Ways to simplify administrative proceedings are not only relevant due to the heavy burden on the courts, but also serve as a kind of continuation of the process of simplifying the judicial procedures that are in place in the legislation of many Western European countries. At the same time, a thorough scientific research requires a further improvement of simplified lawsuits in administrative legal proceedings as a result of optimization, simplification and acceleration of the administrative process, as well as the development of proposals for the improvement of judicial practice in the consideration of cases of administrative jurisdiction, using a simplified procedural form of the process. Due to the lack of elaboration of problematic issues regarding the legal nature of simplified lawsuits at the conceptual level in the domestic legal doctrine, there are no any approaches to understanding their essence in administrative legal proceedings. Simplified proceedings in administrative proceedings constitute a special group of administrative proceedings, which are characterized by certain procedural peculiarities of judicial review and resolution of certain categories of cases of administrative jurisdiction. Simplified lawsuits from other types of administrative proceedings, first, differ from the general lawsuit on the substantive nature of administrative cases, which are administrative cases of negligible complexity and procedural form of their consideration; and secondly, simplified proceedings as a special form of administrative legal proceedings are carried out within the limits of an ordinary but simplified procedural form, according to special procedural rules, which are fixed in the CAU. In addition, it should be noted that a single understanding of the essence of reduced proceedings in the legal process was not worked out. For the most part, the vast majority of scientists emphasize the content of simplified proceedings in the legal process, while emphasizing their features, properties, varieties, etc. Therefore, the development of specialists from other branches of legal process can be the basis for formulating theoretical conclusions regarding the nature of reduced proceedings in administrative proceedings.
Authors and Affiliations
Євгенія Анатоліївна Палій
Keywords
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