ДО ПИТАННЯ ОСОБЛИВОСТЕЙ МОДЕЛІ АДМІНІСТРАТИВНОЇ ЮСТИЦІЇ В УКРАЇНІ

Abstract

The article is devoted to the study of the peculiarities of the model of administrative justice in Ukraine. Outlines the problems in the functioning of this institution of law. Views are being made on the ways of further improving national mechanism to protect the rights and freedoms of the individual in relation to public administration according to needs strengthening democracy.

Under administrative justice refers to the activity of administrative courts and “quasi-legal” bodies in the executive and local authorities empowered to resolve public disputes on claims or complaints of individuals.

The analysis of the main features of the models of administrative justice in France, Germany, UK. Administrative justice in Ukraine is found to be based on a “mixed” model of justice. From a functional point of view, it meets a French type of justice - the subject of protection administrative courts of Ukraine can be affected in a public law relationship as subjective rights and legitimate interests of individuals. In organizational terms, administrative justice in Ukraine corresponds to the German type of administrative justice - administrative courts are a separate specialized entity in the judicial system.

It is considered appropriate to apply in the provisions of the Code of Administrative Justice of Ukraine a claim form of litigation rather than a complaint procedure. It is emphasized that the filing of an administrative lawsuit allows to claim at the same time the requirements for the recognition of an administrative act (decision, actions, inaction) as unlawful and for compensation for the damages caused by mismanagement of losses.

It is noted that administrative justice in Ukraine remains insufficiently effective. Administrative courts are overloaded with cases. They lack the judges. Administrative justice bodies are under constant "pressure" from policy makers and suffer from constant “chaotic” changes in legislation.

The idea of a codified settlement of the order of administrative (pre-trial) appeal to individuals and legal entities of violations of their rights or legitimate interests in the activity of public administration in the Law of Ukraine “On Administrative Procedure” is upheld. It is emphasized that although attempts have been made to adopt this law for about twenty years, it has not yet been adopted. This is recognized as unacceptable in the context of European association processes.