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Anton MONAIENKO,

Vice-Rector for Research at the Classical Private University, Member of the Scientific Advisory Board at the Supreme Administrative Court of Ukraine and the Supreme Court of Ukraine, Doctor of Law, Professor, Honored Lawyer of Ukraine

THE FUNCTIONING OF ORGANS OF ADMINISTRATIVE JUSTICE IN SOME ARABIC COUNTRIES: EXPERIENCE FOR UKRAINE

The article is dedicated to the considering of the models of organization of administrative justice, which use general courts for control over public administration: a model of exceptional jurisdiction of general courts; the Anglo-Saxon model; a model of courts of general jurisdiction with the specialized administrative rule-making (Japanese model); a model of administrative specialization into the single system of courts, and there are separate chambers in administrative businesses in the single judicial system, and also models of administrative justice, which use administrative jurisdiction: dualistic (French) model; German model; the model of multiplicity of authorities for administrative disputes. Also in the article the author analyses the system of authorities of administrative justice of Egypt, Lebanon, Syria, history of their origin and feature of development in detail. Considerable attention has been given to the features of consideration of publicly-legal disputes and differentiation of jurisdiction of administrative courts and courts of general jurisdiction, expediency of existence and functioning of the Supreme administrative court. Also the author considers the features of influence of decisions of the State for the sake of some Arabic countries on the system of administrative courts, conducts the comparative analysis of functioning of the system of authorities of administrative justice in Egypt and Lebanon.

As a result of comparative analysis of the Arabic systems of administrative justice the author came to the conclusion, that, without regard of some differences between them, they belong to one model (French) of administrative justice. During further development of specialization of authorities of administrative justice the national factors of both which carry not legal character – general (territory, density of the population, transport availability, financial and skilled material well-being and other factors) and legal character (legal doctrines, traditions of organization and functioning of mechanism of the State) must be taken into account in Ukraine. The author asserts that experience of the Arabic countries in forming of the system of administrative courts must be taken into account during work in all the directions of development of specialization of authorities of administrative justice in Ukraine and in further to fasten the current legislation of Ukraine legal status of the Supreme administrative court of Ukraine during realization of constitutional reform.

Key words: administrative justice, court of general jurisdiction, administrative court, state advice, jurisdiction, administrative dispute, administrative business, public authorities.

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