PROBLEMATIC ISSUES OF ADMINISTRATIVE PROCEDURE RECORDING
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
According the Constitution of Ukraine the rights and freedoms of human and citizen are protected under the corresponding forms of action by the courts of administrative, economic, constitutional, criminal and civil justice. In the constitutional state the court proceeding is based on the rules fixed by its fundamental law. These rules provide the rights of trial participants, guarantees of their realization in such manner as to create real opportunity for each interested party to realize his/her constitutional right for court protection. Thus, basic principles of court proceedings in the constitutional state have democratic features and common human rights focus. The Constitution of Ukraine, Code of administrative procedure of Ukraine and the Law «On the Judicial Organization and Status of Judges» provide administrative legal proceedings principles. A big difference among them makes the transparency and openness principle of administrative procedure that includes administrative procedure recording according to the Code of administrative procedure of Ukraine. Administrative procedure recording means court’s official activity on sequential display of the trial proceedings course, preservation of procedural acts committed by the administrative procedure members that is realized by using audio recorder, keeping court registry and drawing up respective protocols under administrative and procedural rules. However, in practice there are a lot of problems with recording implementation, in particular, the gaps of legal regulation, absence of unified approach to understanding the place of trial proceeding registration by technical means among the fundamental proceeding principles, the delegation of secretary’s authorities to other persons, neglectful attitude of secretaries of judicial session to their duties, etc. Thus, an important question is a detailed review of the administrative procedure recording and developing proposals for improving the process of its implementation. This article describes the essence of the administrative procedure recording and methods of its implementation; it presents recording process problems that arise in practice. Theoretically substantiated recommendations for the improvement of the current Code of administrative procedure of Ukraine governing the administrative procedure recording have been elaborated.
Authors and Affiliations
С. С. Борсук, О. М. Рєзнік
Keywords
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