Mass action in the administrative process: the expediency of introduction in Ukraine
Journal Title: Адміністративне право і процес - Year 2016, Vol 1, Issue
Abstract
The article deals with the prospect of the introduction of mass action in Ukraine. This new institution designed to provide more effective consideration of legal dis- putes, involving unlimited range of persons. The author analyses the foreign expe- rience in this sphere the example of European countries, such as Italy, Lithuania, and Sweden. In the article special attention is given to judicial practice. Including the analysis of numerous regulations that made due consideration of similar cas- es. The author illustrates examples of the same type of cases, such as national pen- sion disputes. These cases are separately considerate in administrative courts. The result is overload of administrative courts. Also the author adduces several moments, which must be considered in the introduction of mass action. The article focuses on terminology, because in theory there are various approaches to determine an insti- tution. Proposals have been submitted for types of cases that can be considered as a mass action. Next moments are the opportunity of a person to refuse proceedings within the mass action; involvement of representative of plaintiffs; and appeal the de- cision by mass action and submission mass appeal the court’s decision. The general idea is amendments to the Code of Administrative Justice concerning mass action. The author comes to the conclusion that introduction of the mass action help relieve the judicial system.
Authors and Affiliations
O. R. Riznyk
Keywords
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