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Andriy BOYKO,

Judge, the Odessa Administrative Court of Appeal, Candidate of Law

THE CONTROVERSIAL ISSUES OF THE REPLACEMENT OF AN UNDUE PARTY TO ADMINISTRATIVE PROCEEDINGS BY COURTS OF APPEAL

The Article addresses the controversies of the national legislation relating to the replacement of an undue party to administrative proceedings by a court of appeal, specifically, the improper and incomplete protection of the violated rights and interests of the plaintiff, where a court of appeal lacks the authority to replace the defendant and engage a codefendant.

The Article contains recommendations to resolve the controversy by introducing amendments to Article 52 of the Code of Administrative Legal Proceedings of Ukraine, which governs the aforementioned procedural issue.

Key words: replacement of an undue party, defendant, codefendant, administrative proceedings, court of appeal, authority of court of appeal.

References

Constitution of Ukraine. URL: http://zakon3.rada.gov.ua / laws / show / 254к / 96-вр.

Code of Administrative Procedure of Ukraine. URL: http://zakon4.rada.gov.ua/laws/show/2747-15. [ukr.]

On the Judiciary and the Status of Judges: Law of Ukraine of July 7, 2010. URL: http://zakon2.rada.gov.ua/laws/show/2453-17. [ukr.]

Chernushenko E. A. Appeal in the civil process of Ukraine: dis .... Cand. jurid. Sciences: 12.00.03 / Odessa National Law Academy. O., 2004. [ukr.]

Convention for the Protection of Human Rights and Fundamental Freedoms. URL: http://zakon4.rada.gov.ua/laws/show/995_004. [ukr.]

Recommendation CM / Rec (2010) 12 of the Committee of Ministers of the Council of Europe to member states on judges: independence, efficiency and responsibilities, adopted by the Committee of Ministers of the Council of Europe on 17 November 2010 at the 1098th meeting of the Ministers' Deputies. URL: http://zakon0.rada.gov.ua/laws/show/994_a38. [ukr.]