DOI 10.37749/2308-9636-2019-11(203)-1
Stogun S. G. Reforming administrative justice in Ukraine at the present stage.
The article considers an important problem – the creation of an autonomous system of administrative courts as a means and an opportunity to unload local general courts by refusing to consider administrative cases in these courts. The role and place of each judicial link in the system of administrative legal proceedings is determined. The main issue is to regulate the effectiveness of the lawsuit. The problem of the effectiveness of the lawsuit has been repeatedly considered in the works of Ukrainian scientists, but the effectiveness parameters are still not clearly defined. The issue of judicial jurisdictions (administrative, economic and general) is also subject to justification and a clearer delineation. The practice of consideration by general district courts of administrative cases or the so-called public law disputes raises many questions. That is, we are talking about the functioning of common courts of the first link at the same time as criminal, civil and administrative. The author makes a proposal to establish on the basis of district administrative courts in each regional center of appeal. At the same time, the local courts should be the newly created inter-district courts, the jurisdiction of which should extend to at least 3 adjacent regions. The article argues the feasibility of reforming the Supreme Court as a cassation instance. The proposal of the parliamentarians to reduce the Supreme Court by 100 judicial units before a real reform of administrative proceedings will not result. We do not see what the composition of the Cassation Administrative Court will be, what its procedural powers will be, and the like. However, by signing an association agreement with the EU, Ukraine has committed itself to adapt its legislation to the level of European standards, including in terms of legislation on the judicial system, legal proceedings and the status of judges. And above all, this concerns compliance with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the independence and impartiality of the court.
Key words: judiciary, Supreme Court, system of administrative courts, local general courts.
References
Code of Administrative Procedure of Ukraine / Ed. A. Palivoda / Kyiv, 2018, p. 18.
The Constitution of Ukraine URL: http://zakon4.rada.gov.ua/laws/show/254%D0%BA/96%D0%B2%D1%80/print1462176803572584.
The Law of Ukraine “On Amendments to the Law on the Judiciary and Status of Judges” and Some Laws of Ukraine Concerning the Activity of Judicial Self-Government Bodies of October 16, 2019 URL: http://zakon4.rada.gov.ua/laws/ show / 1401-19 / paran2 # n2.