The implementaton of the right to cassation appeal in the administrative process of Ukraine

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The implementaton of the right to cassation appeal in the administrative process of Ukraine

Journal Title: Правова позиція - Year 2018, Vol 2, Issue

Abstract

In the article, the author characterizes such a stage of administrative legal proceedings as a cassation consideration of an administrative claim. The theoretical basis of the article is the works devoted to the development of the problems of the court proceedings of the administrative claim as a whole, and within the limits of separate instances. The author notes that the decisions of the administrative courts themselves should be recognized as the subject of the cassation appeal, and the violation of the norms of substantive or procedural law reflected in them, in the applicant’s opinion. The author emphasizes that the moment of initiation of the implementation of the right to cassation appeal of decisions in administrative court proceedings is the time of the cassation appeal – the appeal of the cassation appeal subjects to the court of cassation instance with a request to reconsider the decision of the courts of first and appeal instances rendered in violation of substantive or procedural rules. It deserves attention to the subject of cassation complaints, that is, spheres of life, in which the most frequent problems arise as an occasion for a cassation appeal. According to the given analytical data, among the indicators of receipt and consideration of cases and materials by categories of administrative cases in the first half of the year the largest number are tax cases. The following categories of cases that are dominant in the process of receiving and reviewing are so-called «social» cases, from public service relationships, cases and materials regarding regulation of urban development and land use. It is necessary to pay attention to such a category of cases as cases and materials on the implementation of public financial policy. The above provides grounds for refining and improving the classification of categories of administrative cases, which will optimize the work of the Court. The author comes to the conclusion that the cases considered today are more than those received from the moment of the beginning of work. The main problems in the realization of the right to cassational appeal in the administrative legal proceedings of Ukraine are primarily related to the practical activities of the Court of Cassation. The presence of a large number of cases, excessive workload of judges, the wide scope of duties of the court of cassation – all of these factors affect the efficiency of judicial activity in the field.

Authors and Affiliations

М. А. Бояринцева

Keywords

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EP ID EP600752
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